Full question:
On 12/27/07, my husband and I rented/leased a single family home. When meeting with the landlord to pay for entry into premises, he had no forms and/or rental agreement for us to sign. I paid the money to him but insisted he write the money received and for what on paper with his signature. He said he forgot the paperwork and will be by within a week with the lease for us to sign. It has been a year now and many phone calls and false promises later, still no lease. It is very hard to contact him. We needed a lease to prove our tenancy in September for immigration purposes, still a false promise. So my neighbor was willing to write a statement for us as proof because they know my hardships with the property. At the end of September my daughter answered a knock at the door and was handed a summons of les pendens. I finally was able to contacted the landlord and ask for an explanation. He was very vague, but assured me he would fix the situation. After two months of trying to get in contact with him, my husband and I was advised not to pay the rent to him, but to the bank. I was unable to find out information on how to do this from the bank in question or their attorney. They both advised me to inquire with my landlord who is unreachable. We want to do the right thing, we need to pay someone, and to vacate is very hard at this time. We put the rent payment for December in a separate account until we can contact the landlord. Recently he called my husband and asked if we deposited the rent. My husband reminded him of the situation at hand and requested he come over to discuss the situation that evening. He said he would call to confirm at 5 pm. He never called nor would answer the phone. We have been maintaining the property, paying for repairs as we can, our utility bills had sky rocketed because of needed repairs. My husband and I was even discussing trying to purchase the house before the Les pendens occurred. But now we do not know our rights and to whom are obligations are. I was thinking about seeking legal advice, but at this time our budget is very restricted and I fear time is running short as I have tried to access public records and it looks to me he hasn't made amends. What is our legal right or what should we do in our situation even with no signed, legal agreement or do we have any rights?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Florida
Answer:
Without a written lease, you are considered a tenant-at-will. This means that if you pay rent monthly, your landlord must give you at least fifteen days' notice before terminating the lease. You should continue paying your monthly rent to your landlord until the home is sold in foreclosure. After the sale, you owe rent to the new owner. If they want you to move out, they must provide a fifteen-day written notice. If you do not vacate within that time, they can begin the eviction process. The new owner cannot cut off your utilities, change the locks, or take other actions to evict you without going through the proper legal process.
Your landlord is required to return your security deposit, minus any lawful deductions, or transfer it to the new owner if the property is sold. If they fail to do so, both the old and new owners may be liable. In some cases, lenders may offer tenants a 'cash for keys' deal, which is a payment to vacate by a certain date. If you agree to this, ensure you get it in writing from an authorized bank representative.
If you live in a city with rent control, you may be protected by specific eviction regulations that could alter the notice period. If there are mistakes in the termination notice you received, you may appeal it. If you do not move out after the notice period, the lender must file for eviction and obtain a judge's approval to proceed. If you are unable to relocate, you may dispute the eviction, which could delay the process by a few months.
Relevant Florida statutes include: Fla. Stat. § 83.49 regarding security deposits and Fla. Stat. § 83.57 regarding termination of tenancy without a specific term.
If you have further questions or need assistance, consider seeking legal advice, even if your budget is tight. There are resources available to help tenants in your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.