A new landlord is obligated to abide by any written agreements between the previous landlord and the tenant. If no written agreement was formed, or if it has expired, then the new landlord does not need to stay true to the promise made by the owner before him.

If you are a tenant and did not get a written agreement from your previous landlord you may be able to negotiate with the new owner to see if they will follow the same contract as before. Be sure to explain your reasoning in a precise, clear, and neutral way. You don’t want to become defensive or attack the new landlord. State the reasons why you and the previous landlord built the agreement and ask them if they would be willing to allow it to continue.

If your landlord agrees to honor the preceding arrangement, make sure you get it in writing and that you also get a copy for your own personal file. This will help things go smoother in the future if you ever get a new landlord.

On the other hand, if your new landlord chooses not to abide by the previous landlord’s agreement, take it with a grain of salt and weigh your options. Is the issue worth risking eviction? If not, consider ways you and the new landlord can compromise. If that doesn’t work, decide whether or not staying there is worth all the hassle.

Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

A superior lien is a lien that takes precedent over all other liens, if it is in accordance with the state statue. These liens are given higher priority and that will play into how things are handled when dealing with liens from different sources.

HOA assessment liens are liens on a homeowner’s property if they become delinquent in paying the monthly fees. In regards to HOA assessment liens, a superior lien is the portion of the lien that is given a higher level of priority than the others, even the first-mortgage holder. Because of this, the interest of the HOA is placed in front of the first mortgage.

About twenty states have laws that give HOA assessment liens superior lien status under certain conditions. In the state of Florida, a purchase money mortgage is superior to other liens, except those issued by a government agency.
A tax deed sale will extinguish the HOA lien; however, a mortgage foreclosure, while wiping out the lien, will not terminate the debt because it is protected by statute. Due to the statute, the liability of the mortgage is limited to 12 months, or one percent of the mortgage, and anyone taking title in a HOA foreclosure will take it subject to the mortgage and any tax liens.

Justification for the HOA having a superior lien status of their assessment liens is that the HOA helps to preserve the community and the superior liens help ensure that the HOA receives the funds they need to do so.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

Landlords are required to keep security deposit funds in a separate non-interest-bearing account in a Florida bank. The landlord can’t commingle the security deposit funds with any other funds nor can they use the funds until they are actually due to the landlord.

Naturally, the landlord can’t mix the security deposit funds with their own money since the money does not belong to them. It is a loan to the landlord while the tenant is living on property and they either keep it in a safe or a separate non-interest-bearing account. When the tenant’s lease is up they return it to the tenant or they use it at a time where they need to offset damages. It is the landlord’s responsibility to keep the security deposit, usually one or two months’ worth of rent, safe.

Also, the landlord should disclose with you the bank where the security deposit is being held. If you pay a security deposit, be sure to obtain a receipt so that you have proof of payment in case you ever need to present it.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.