Selling your home in a harsh economy can be tough, but selling your home while having a tenant is another matter entirely. While most listing agents and realtors would prefer their listings vacant, landlords are seldom able to afford having their investment property sit empty for months at a time. But with the right strategy, selling your property while having a tenant doesn’t have to be a total nightmare and may even be pain free. Here are a few things to consider when renting out a property which you intend to sell or are in the process of selling:
• Get it in writing! While Florida law allows landlords to showcase their property for prospective buyers even as they are housing a tenant, it is much wiser to define your plans to sell the property in the terms of your lease agreement.
• Meet your tenant half way. Tenants are most responsive and cooperative when given an incentive, so consider offering your tenant a discount on the rent for the additional inconvenience you require of them.
• Be specific. It is best to be as open and honest as possible with your tenant, making sure to enumerate your expectations, define how often and during which times you will show the home to prospective buyers, as well as outline when and how notice will be given.
• Discuss it with your lawyer. Drafting a document which avidly protects your legal interests can be tricky, consulting an experienced attorney will ensure that your lease terms are precise and that your rights are adequately 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.
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.
Signing a lease binds both the landlord and the tenant to a variety of responsibilities. As the owner of the property, under Florida Law the landlord is responsible for the maintenance associated with pest control—as is the case with termites. Because the process often involves fumigation, it is pertinent that the landlord have the tenants evacuate the building prior to the act taking place. However, what is the appropriate timeline of notification for a landlord to inform his or her tenants?
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.
According to Section 83.51 of the Florida Statutes:
“(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.”
In lay man’s terms, the landlord is to inform his or her tenants of their expected evacuation via written notice at least 7 days in advance. In addition, this evacuation cannot last longer than 4 days, and the tenants will not be charged the cost of rent for that time. Furthermore, the landlord is not responsible for any personal items that are damaged in the process—so tenants should be sure to remove any items of value prior to the fumigation.
We’ve all been there: The lease on your current place is about to end and you have to decide whether to agree to another lease or try to find a new place to live. Occasionally, a landlord will ask to know your intentions before the lease term is over, and taking too long to decide could cost you money.
However, this may not be enforceable. In general, fines and penalties are the business of government, not private contracts. However, there may have been a clause in the lease that you signed saying that you agreed to pay a set amount if you did not provide enough notice to the landlord as to your intentions.
This is a situation where it is very helpful to have an attorney go over your specific lease and review the language contained therein. Since there is no state law about providing adequate notice of rental intentions, it will come down to the language contained in the contract you signed. And even if you did sign a lease with such a clause, the wording still matters. If it is described as a “fine,” then it may be unenforceable, since that would be an “unconscionable lease provision” according to Florida statute.
Typically a landlord can do nearly anything they want as long as the tenant agreed to it in the lease, but leveeing a fine or penalty for inadequate notice is not allowed. Again, be sure to consult with an experienced attorney to review your specific situation and lease terms.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this difficult 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.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
Though filing a Chapter 7 bankruptcy can improve an individual’s creditworthiness and even allow them to outright keep ownership of certain exempt property, it is not often a cure for upside down debt on a home. Generally, borrowers must endure a minimum “seasoning” period before lenders are willing to strike a deal on a new loan. For FHA financing, that seasoning period is a minimum of two years after the date of the discharge—in addition to whatever amount of time is required by the new lender, before the borrower can successfully apply for a new home loan. That means that your best bet at qualifying for an FHA loan after a discharge is to resolve the debt on your previous property.
Though a chapter 7 is designed to help insolvent borrowers reestablish creditworthiness and get their financial health back on track, it does not automatically get them off the hook. That’s because, while personal liability for the debt on your mortgage was discharged in the bankruptcy, the mortgage lien on the property remains very much alive. Because your name is on the title to the property, new lenders are unlikely to extend a hand before the lien on the property is resolved.
A chapter 7 filing will not simply erase your debt; if you’ve been discharged a mortgage in bankruptcy proceedings, being proactive and eliminating your role with the property lien is imperative. Additionally, credit reporting mistakes are very common after a bankruptcy, which makes attaining a good credit rating and qualifying for a new loan all the more difficult. The most effective way to rid yourself of the upside down property and save your credit is to pursue a short sale and move on. Be proactive and review your credit report for discrepancies and discuss your options with your bankruptcy attorney.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this difficult 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.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
According to Florida law, HOAs are entitled to any late fees, interest accrued and even attorney fees incurred as a result of past due assessments whether or not the association filed a foreclosure suit against you.
If your lender forecloses on your home or condo, they can declare your association as a defendant in their suit whether or not the association has placed a lien on the property due to unpaid assessments. As a named defendant, your HOA cannot collect past due assessments from you directly. In this instance, Florida requires your lender pay the association up to one year’s worth of past due assessments or 1% of the mortgage—whichever of the two is less.
It’s important to be aware of your HOAs bylaws in order to ensure that a past due assessment does not turn into a much more expensive problem that can potentially cost you your home. Allowing association fees to turn into foreclosure proceedings may result in a bill up to ten times greater than the original amount. If you are past due on assessments, avoid further headaches and contact your association immediately in order to reach an agreement or work out a payment plan.
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.
If you are looking to rent a new place, be aware that landlords have different ways of checking to see if potential tenants have had any issues in the past. With websites and landlord connections in their arsenal, they can investigate to see if you have a history of causing problems.
Different websites offer previous landlords the chance to warn fellow landlords about bad tenants. Websites like donotrentto.com and tenantdispute.com provide a place for landlords to do some research on potential tenants. They can read descriptions and warnings of bad tenants who make late payments, destroy property, refuse to vacate the premise or who create any other issues.
In addition to these websites, landlords may research your rental history. They may talk to your previous landlords so they can find out if there were ever any problems and they can check out your experiences as a renter to help them decide if you are a good tenant.
Since rent is commonly one of the big issues between landlords and tenants, landlords may want to verify your employment status and income. They do this to make sure that you will be able to afford rent, which can help avoid any rent related problems in the future.
If you do have a bad credit score, a criminal record, were ever evicted or are worried about what a previous landlord will say about you, just preface the issue with the owner. Sometimes, if you talk to them and explain what happened or the situation you are in and how you are working to fix it, they may be more likely to negate the issue.
When looking at potential tenants to see if they have a history of causing problems, landlords may access different websites for anecdotes from previous landlords or they can also research your rental history.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
As the nation continues to recover from the recent economic downturn, millions of renters still struggle to make ends meet. If you’re a distressed renter in the state of Florida, you may be asking what your rights are as a tenant and what happens next. This quick overview of Florida’s eviction laws will outline your options and prepare you for what’s ahead.
Florida law dictates that your landlord must give you notice to vacate the premises before carrying out an eviction. Landlords may present tenants with any one of four types of notices—a three day notice, a seven day notice (with cure), a seven day notice (without cure) or a fifteen day notice; each is specific to the reason the landlord is seeking eviction.
The Three Day Notice is most common and applies to tenants that have fallen behind on their rent. Once rent becomes past due, the landlord delivers by hand (or posts on your door) a written notice to vacate the premises within three business days. Once the three day period is elapsed, the landlord can then file a formal complaint with the County Clerk’s Office to have you evicted. Under no circumstances is a landlord allowed, without express consent of the court or without a Sheriff present, to change the locks or remove your property from the premises; doing so is illegal under Florida statute and may annul your rental agreement entirely.
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.
If your landlord has changed your locks, you are within your full legal rights to file suit against him and seek damages. If the courts find your landlord is in violation of any one eviction rule, your landlord can be fined for up to three months’ rent and rule in your favor; that is, the court will award you three months’ rent and allow you to stay in your home. If you’re facing eviction from your rental home, consult with an attorney in order to ensure that you’re being treated fairly and that your rights as a tenant are protected.
The world has seen an explosion in bedbug infestations in the past few years. Renters in multifamily dwellings are especially susceptible. If you have a bedbug infestation and your landlord is giving you the runaround, here are your rights:
Per Florida Law, landlords are responsible for exterminating vermin, including bedbugs. If tenants are required to vacate the premises during treatment, the landlord is not responsible for damages but cannot charge rent.
If your landlord is unresponsive, send him an email, a letter, and follow up with a phone call explaining the situation and his responsibilities. Document any communication the two of you have, including dates and times of phone calls. If he remains unresponsive, you may want to contact a lawyer or file a housing code complaint with your local agency.
If an inspector does agree to come by, clean up beforehand but make sure the bedbugs are still visible. Encourage your neighbors to make similar appointments to show that it is a widespread issue. Again, document all communication, including names and contact information. This will make your case stronger if it goes forward and lawyers get involved. If you can prove you did everything you could, it will go much smoother.
Stephen K. Hachey, a Florida real estate attorney, can help you navigate this process and make the most of a difficult situation. Contact him at 813-549-0096.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
Mold is not only a nuisance; it can also be highly toxic, capable of causing a number of ailments such as asthma and even chronic fatigue. So it’s no surprise that mold is a growing concern for renters across the country. Though there are few states with mold-related laws in the books, your landlord may still be liable. If you’ve found your rental has a mold problem, but your landlord refuses to address it, then there are steps you can take to hold your landlord accountable.
Firstly, your landlord has a duty to maintain habitable premises whether or not your state or city has enacted mold-related laws. In nearly every state, landlords are responsible for maintaining habitable housing and repairing rental property. If your landlord has neglected to fix a leaky roof in need of repair, for example, he may be held liable for mold-related health problems in a court of law as mold generally thrives under such conditions.
If your landlord has not addressed your concerns regarding necessary repairs which are responsible or contribute to your mold problem, there are several steps you can take to effect action:
• Withhold rent until repairs are made
• Hire a professional to complete the necessary repairs and deduct costs from your rent
• Call your state, city or local health inspectors
• File a suit in small claims court for the difference between your rent and the value of the faulty premises
In some states, you may also ask the court to force the landlord to make the necessary repairs and have your rent reduced until the repairs are fully completed. In any event, taking your landlord to court often gets their attention and gets things moving so you don’t have to take your landlord’s negligence sitting down. Remember, before making any drastic moves it is always a good idea to discuss your situation with a local real estate attorney. With proper guidance and some persistence, you can have your landlord make that mold disappear in no time!
Stephen K. Hachey, a Florida real estate attorney, can help you navigate this process and make the most of a difficult situation. 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.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
With the housing market still recovering from the economic stint, many people are thinking twice before they sign mortgage papers and starting to lean towards a rental agreement. But since many of these renters aren’t your typical kid out of college, they might be taking a second look at the quality of the lease agreement for a single family home.
In 2009, the Protecting Tenants at Foreclosure Act was implemented to protect residential tenants from being promptly evicted following foreclosures. This law generally applies to all residential leases. Seeing as how it’s still few and far between to drive down the road without seeing foreclosure signs, this act ensures that all tenants receive a 90-day notice before the eviction.
For the lease to be legit, the tenant cannot be the mortgagor or the parent, spouse, or child of the mortgagor. Additionally, the lease must be the result of a secondary party, and rent must be in the neighborhood of fair market value for the property, except if rent is reduced due to a subsidy (federal, state or local.) An invalid agreement gives the owner the opportunity to waive the 90-day notice; otherwise the terms of the lease will be honored.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
