Rentals in Cape Coral>Question Details

Upsetheartpa…, Renter in Cape Coral, FL

Can I sue a landlord that lies about the home being for sale to get me to sign the lease, then forces us to deal with the showings.?

Asked by Upsetheartpatient, Cape Coral, FL Fri Aug 3, 2012

I am disabled and this is very inconvenient to me. I asked directly and was flat out lied to. I was in the home less than two months. The home is listed as short sale. We put a ton of work and money to make the home nice for our enjoyment. Now I hate living here. They were cutting off the water and we had NO choice but to sign the lease because we were already living in the home. Any legal recourse? I don't have peaceful enjoyment. And they lied about the home not going to sale.

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7
TERRY MCCARLEY’s answer
I am sorry to hear about your situation - unfortunately many renters have found themselves in similar situations. As real estate agents we can not give legal advice so I recomment you contact an attorney for direction.

I also highly recommend you work with a real estate professional to find your next rental and have them research the home you would like to rent. If you can find one that someone recently purchased you should be in good shape and if they paid cash even better. Your real estate agent can research this for you so you don't end up in this situation again.
0 votes Thank Flag Link Mon Aug 6, 2012
We're not allowed to give legal advise,I would definitely speak to an attorney
0 votes Thank Flag Link Sun Aug 5, 2012
We're not allowed to give legal advise,I would definitely speak to an attorney
0 votes Thank Flag Link Sun Aug 5, 2012
It sounds like there may be more to this story. Either way, Florida statute requires both landlord & tenant to be reasonable regarding access. Reasonable notice is considered 12 hours although most people will provide 24 hour notice to the tenant. Your lease will have to be assumed by the new buyer so the easier you are in accommodating showings the faster it will go under contract for showings to stop.

If this is such an inconvenience for you it may be time to move or see about purchasing the property yourself.
0 votes Thank Flag Link Sat Aug 4, 2012
Possibly, you really need to contact a local real estate attorney to help you work through this issue. i wish you good luck.
0 votes Thank Flag Link Fri Aug 3, 2012
To me, the magic words in your question are "forces us to deal with showings". Forces you HOW?

Please consult a lawyer regarding the landlord's right to access the property.

And, my advice is that in the future, you use a qualified Realtor for your rental needs who can access property records to see if the landlord is likely to slip into short sale or foreclosure. If you did use a Realtor, please call them - unless they're the listing agent and could have a conflict of interest.
0 votes Thank Flag Link Fri Aug 3, 2012
meaning it puts us in the position to show the home to anyone who drops by. I have dogs to contend with and dealing with calls and agents. Lucky for me she has the property listed way to high for what it is worth. I asked NOT to be in this situation and she told me it was not a problem. The home is not in foreclosure, her home is and we are paying the price. We know we have to allow access but we pay good money and allowing strangers into my home was not part of what I specifically requested. I'd like to find a way out of our lease and have her pay damages. Until then I just continue in good faith because I am a good tenant, unlike her behavior as a landlord.
Flag Sun Aug 5, 2012
Upsettheartpatient,
What a mess, I'm very sorry for your situation. The answer is, you can probably sue anyone for anything, but winning a suit and getting damages is always another matter. Only a local attorney who works in this area can tell you what your odds of success are. Chances are, where it's a short sale they won't have much to get from them if you win. You may have other choices however, so find a good attorney and see what they suggest.
0 votes Thank Flag Link Fri Aug 3, 2012
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