[neciade]

We recently signed a lease/purchase contract for a home in Florida. We gave the Landlord $5000.00 down, nonrefundable, and agreed to pay $1600.00 a month with $300.00 of that to go towards a rental credit. We were told that that money was to go into an escrow account and would be used for the down payment. Unfortunately we both lost our jobs and from the beginning we had trouble making payments. The landlords asked us to move out in Aug. The are now suing us for past rent due. My question is since they did not put that $5000.00 or any of the rent credit into an escrow account did they break the lease and is it legal to make the $5000.00 non refundable? Any advise in this matter would be appreciated - Thanks

[Lilybeans]

Originally Posted by neciade

We recently signed a lease/purchase contract for a home in Florida. We gave the Landlord $5000.00 down, nonrefundable, and agreed to pay $1600.00 a month with $300.00 of that to go towards a rental credit. We were told that that money was to go into an escrow account and would be used for the down payment. Unfortunately we both lost our jobs and from the beginning we had trouble making payments. The landlords asked us to move out in Aug. The are now suing us for past rent due. My question is since they did not put that $5000.00 or any of the rent credit into an escrow account did they break the lease and is it legal to make the $5000.00 non refundable? Any advise in this matter would be appreciated - Thanks

You should get a lawyer.

[deckardc]

Originally Posted by neciade

We recently signed a lease/purchase contract for a home in Florida. We gave the Landlord $5000.00 down, nonrefundable, and agreed to pay $1600.00 a month with $300.00 of that to go towards a rental credit. We were told that that money was to go into an escrow account and would be used for the down payment. Unfortunately we both lost our jobs and from the beginning we had trouble making payments. The landlords asked us to move out in Aug. The are now suing us for past rent due. My question is since they did not put that $5000.00 or any of the rent credit into an escrow account did they break the lease and is it legal to make the $5000.00 non refundable? Any advise in this matter would be appreciated - Thanks

If the lease to own terms are not specifically laid out in a written contract, then you won't be able to hold them to the agreement. If you owe them back rent then it would be even more difficult for you to challenge them in court for the money. Lease to own deals are rarely good ideas. As for making the $5000 non-refundable, yes it is legal. You agreed to those terms up front and now that things haven't worked out for you, you are questioning the legality?

[neciade]

I am only questioning the legality bc of some advice that a friend gave me. My big question was if they did not put the money in an escrow account did they break the contract?

[TriMT7]

Take the contract to an attorney to look over and give advice. The couple hundred bucks you spend might save thousands.

[godallmytea]

I am signing a lease and the landlord wants a 10% late fee if rent is 5 days late. Is that normal?

[FlaLadyB]

Originally Posted by godallmytea

I am signing a lease and the landlord wants a 10% late fee if rent is 5 days late. Is that normal?

Late fees are normal. They vary lease by lease. That seems high in my opinion, but that's your decision as to sign it or not. Ask that it be reduced to a specific amount. All he can say is NO or change it.

[eboysegirl]

my husband and i were going to rent a house from couple from the date that we gave the deposit it held the house for a little over a month we then decided that we did not want to move into the home and the couple kept my deposit. they said that because they held it so long and thought we would move in they should keep it. we never signed a lease on did a credit application. she wrote on the application that the deposit was refundable. she said her attorney told her that she can keep it. due to her not returning my money i was not able to pay the rent where i currently live i was short the amount that she with held. i am now being evicted because she kept my money can i sue her and for what?

[FlaLadyB]

Thoughts are you did an application, you gave her money to hold the house till you moved in. Basically a security deposit. She kept the house off the market for a month for you.

I know that if I have a security deposit, and a signed lease, and people change their mind later the deposit is kept. The house could have been rented to someone else.

The fact that you didn't pay your existing rent has nothing to do with that.

[MamaBurrr]

In the last couple of states that I've lived in, a landlord could not charge more than 1 moths rent as a security deposit. Is it the same in Florida? I am looking at a house at which they are asking for first and last months rent PLUS deposit. That's not legal here, is it there?