A landlord may apply the security deposit to their actual lose from a tenant violating their rental agreement. The details for when a landlord can withhold a security deposit should be stated in the rental agreement.

There are a couple situations where a landlord may keep a tenant’s security deposit. The first is when there is an early termination of the lease. If a tenant breaks their lease, the landlord may keep part, or all, of the security deposit as stated in the lease and laws of the state you live in. If the lease includes an early termination clause than the tenant will have to abide by those terms.

Secondly, a landlord may keep the security deposit in the case of nonpayment of rent. When a tenant fails to pay rent, it is considered a breach of lease and the landlord is able to keep the security deposit to help soften the blow of the rent lost.

In addition, a landlord may be able to keep the security deposit to fix damage to the property that is beyond the normal wear and tear, which depends on how long you lived in the unit and what types of repairs are typical for that amount of time. Examples of damage would be large holes in the wall, huge stains on the carpet, broken doors or windows, and keys not returned at the end of tenancy.

Next, cleaning costs are another reason the landlord may be able to keep the security deposit. Landlords are expected to clean the unit before the next tenant moves in and if the cleaning that needs to be done is excessive then the landlord may keep the security deposit to use toward the cleaning fee.

Lastly, a landlord may be able to keep a tenant’s security deposit to pay for any utilities that the tenant neglected to pay even though they were required to pay them as a part of their lease.

These are some examples of situations where the landlord may be able to keep the tenants security deposit. Be sure to read your lease carefully and have everything explained to you so you know exactly what you are getting into so you aren’t caught of guard at any time.

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.

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.

Are you a month-to-month tenant renting a home that is in a pre-foreclosure and wondering what will happen next? Although these answers are generally more accurate when looking directly at your case, here are some of the basic facts that can hopefully paint you a clearer picture of the next steps.

First off, one of the most important things to know is the “Protecting Tenants in Foreclosure Act of 2009”. Before President Obama signed this act, most renters would lose their leases after a foreclosure; however, this legislation states that leases can stay intact.

There are two options available; the tenant can either stay until the end of their lease or month-to-month tenants are entitled to their lease for 90 more days before they are required to move out. This is a great benefit to tenants because this 90-day notice period is longer than any state’s non-foreclosure notice period, this gives the tenants time to find another place to live.

Here is some other important information that you should be aware of. If the buyer intends to live on the property, then they have the right to terminate the lease with a 90-day notice. In these cases, if state legislation is more generous to tenants, federal law will not overrule the state law.

In addition, those who live in a city with rent control “just cause” eviction protection are also protected. A change in ownership does not automatically justify a termination, and the fact that the change happened through a foreclosure does not make it any different. Tenants in these cases should look at their city’s ordinances list of allowable, or “just causes” for termination so they are aware of where they stand.

If you find yourself in this situation and you are unsure what do to, don’t be afraid to speak to an attorney. They have the knowledge and means to help you figure things out and they will help you better understand the whole process and each individual step.

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.

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.

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.

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

When you see an LPHI charge on your mortgage statement, it likely stands for Lender Placed Hazard Insurance. Your mortgage company will buy insurance on your property if you don’t have it, or if what you have is not enough. The purpose of this insurance is to protect the lender’s financial interests if some kind of catastrophe occurs and your home is damaged or destroyed. The lender wants to be able to count on your home loan being paid.

Usually, homeowners are responsible for getting their own homeowner’s insurance in order to cover all possible hazards. If you have an LPHI charge from your mortgage company, you should try to find your own insurance because it will likely be cheaper. If you do have insurance, talk to your lender about why they have placed their own insurance on your property. It’s possible they simply have not received proof of your coverage, or perhaps the coverage you have purchased is not adequate to meet their requirements.

This type of lender-initiated cost should not come as a surprise to you. Mortgage companies are legally required to inform you when they order this type of insurance policy. If you did not receive any notice from your mortgage company, you might want to contact a real estate attorney for some advice on how to proceed.

Also called a forced-place insurance policy, LPHI charges will be added to your monthly mortgage payment. That means on top of the principal, interest and any escrow tax payments; you’re also paying for your mortgage company to insure your house. This isn’t an ideal scenario, so see what you can do about getting your own hazard insurance up to date so the LPHI charge disappears.

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

Usually, when a homeowner buys a property in a specific community, such as a gated country club community that provides amenities like golf and tennis, paying for an equity ownership is required. However, each locality and every property association is going to have a different set of rules. The quick answer to whether you have to pay equity ownership in the community where you’re buying a home is yes. Even if you’re purchasing a foreclosure property or getting a great deal in a short sale and you’re mostly interested in the property and not so much in the country club, you’re still responsible for the requirements of that community.

If you’re an investor or you’re planning to rent out the house or flip it for profit, you’re still going to have to pay for that equity ownership in order to access the title to the home you purchased. Take a look at the bylaws or the rules and regulations of the country club before you close. The stipulations must be clearly defined and spelled out somewhere. It can be frustrating to have to pay for equity ownership in a community that you don’t actually plan to live in. However, that could be included in the terms of the sale, and you’ll want to know that for sure before it’s too late.

Talk to a lawyer if you think there’s a case to be made. Lawsuits have probably been filed in your jurisdiction around this issue, and if a precedent has been set, you’ll likely be required to follow it.

Stephen K. Hachey, a Florida foreclosure 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.

Per Florida law, property-owners must give tenants notice to vacate before carrying out an eviction. In Florida, the three-day Notice is the most commonly applied method of serving formal notice to evict when tenants have defaulted on their rent and Florida statute provides a strict format for what defines a legally sufficient three-day notice.

Any number of things can render a notice defective: if you are demanding an incorrect amount for rent; if the notice includes late fees, but your lease agreement makes no mention of such fees; or if the notice fails to give the tenant proper grace period, your three-day notice is defective. Many property-owners attempt to carry out evictions on their own and often fail to follow proper legal procedure when drafting the notice, which often results in a flawed document that renders their eviction suit legally insufficient.

Recent legislation states that in cases involving a defective notice, landlords may be granted leave to amend the notice and continue eviction proceedings once the notice is revised. All the same, because the burden falls to you (the property-owner), a faulty notice will delay your case and may still end in dismissal, which can result in additional costs exceeding three times the amount of the defaulted rent in damages and legal fees payable to your tenant.

If you are a landlord struggling with a tenant refusing to pay rent, it is wise to seek legal counsel prior to making any moves to evict the tenant on your own. Though it may seem simple, drafting a document which accurately protects your legal interests can be quite complex. Consulting with an experienced attorney will ensure that your three-day notice is legally precise and that your rights are adequately protected.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

Florida law dictates that your landlord cannot alter your lease before it expires without a valid reason. Your lease is a legal, binding contract and save for special circumstances, if that contract is valid and has not expired, your landlord generally cannot force you to sign an agreement changing its current terms. As an example, if utilities are included in your rent under the terms of your original lease agreement, your landlord cannot charge additional money to cover utilities while your lease is in effect.

Whether or not your landlord has standing to change your contract may also depend on the nature of your lease. Under a month-to-month agreement, for example, it may be possible for your landlord to amend the terms of your agreement; however, your landlord may not change the terms of your lease without first issuing at least 30 days’ notice. Whether annual or month-to-month, your landlord is unable to make any substantial changes to your lease agreement prior to the contract’s expiration date or without your express consent.

Though lease agreements are not always written, it is in always in your best interest to have an official written contract. Any alteration to your lease thereafter must be in writing and must be properly signed by both parties. Remember, both you and your landlord are bound by the lease agreement until its expiration date. If your landlord has unexpectedly altered the terms of your lease without notice or consent, consult an experienced real estate attorney in order to ensure that you’re being treated fairly and that your rights as a tenant are protected.

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.

Although buying a house already sounds scary, your heart might drop a little bit when your lending doesn’t go through. The question that people ask themselves is, if I am trying to buy a house from HUD and the lending doesn’t go through, am I responsible for the title, lean, and survey search?

The hard to find answer is that you pay for the pre-paid items and that the title company will eat the rest of the costs. So a few things you will have to pay for is the appraisal, any fees paid to the lender for credit reports, and the first year’s insurance premium.

Most relators won’t willingly bring up this conversation, so ask them up front about it. If you had any misconceptions or just weren’t sure, they would be able to clear everything up for you. Remember to ask early in the process.

Since HUD is the property owner and is offering the house for sale to recover the loss of the foreclosure, they will make sure they get their money one way or the other. HUD does not offer direct financing options, so know that you are on your own for that. You may qualify for an FHA-insured mortgage to help you finance your purchase, and the FHA also offers some special discount sales programs for teachers, police officers, and others if you meet the qualifications.

Overall, the best advice is to ask questions. Do your research: talk to your relator, your friends and family, and be upfront and honest about your questions and concerns.

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

Purchasing a home at auction can be a profitable investment, but many would-be buyers are not aware that buying property is only the first step to possessing it. If you recently purchased property at foreclosure auction, then you may be surprised to find that the previous homeowners have not vacated the premises since the foreclosure sale took place. That’s because under Florida law the homeowner is now your tenant and is not required to move until you begin a formal eviction process.

How Do I Evict?

Ten business days after the foreclosure sale is successful you will receive a certificate of title (which grants you title to the land, the home and anything permanently attached to it), at which point the state of Florida requires you to apply for a writ of possession if you wish to evict the previous owner. Once the writ is granted, a sheriff will notify the previous owner (now technically your tenant) that they’ve been divested of the property and are expected to leave the premises within 24 hours.

What Stays Behind?

The tenants are not allowed to take with them anything that is not considered a personal item from the property. That is, all items that are affixed to the home such as built-in cabinets, permanently attached light fixtures, etc., must remain with the property. Items such as movable furniture and appliances, however, are considered personal property and may be removed by the tenants upon eviction.

Things to Keep in Mind

Prior to the foreclosure sale, the current homeowner remains vested in the property unless they voluntarily abandon the home and the lender swoops in to repossess it. The homeowners are not required to move until the foreclosure is complete and proper procedure has been followed. After the foreclosure sale takes place, the homeowner then automatically becomes a tenant and the new owner must begin the standard eviction process for the state of Florida. Eviction can be a delicate matter and it is important to follow the legal process carefully in order to avoid complications. Consult with an experienced foreclosure attorney in order to ensure you are following procedure and taking the appropriate legal steps.

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.

Can a Landlord use the Security Deposit to Recoup Rent That’s Owed to Him or Her?

How Do I Evict?

What Stays Behind?

Things to Keep in Mind

Can You Break a Lease in Florida?

Types of Property Deeds in Florida

How Adverse Possession Works in Florida

Serving Tampa Bay

Our Offices