Here's my "story" about having to break my lease....(warning: longer post :-) (lease agreement, gated community)

[MB2]

We moved back (again...long story) from Pennsylvania to FL, this time looking for a rental. (We had previously sold our home in FL)
I got in touch with our realtor, which sold our home, to start my search with a rental.
She connected me with a lady, renting out her townhouse, and was looking to find a tenant.
HER realtor send us the necessary paperwork for the lease agreement, which we signed, and send back with the 1st, last and security deposit checks.
So, we made our move, and started the lease.

Our realtor and her realtor split the money for connecting, referring us to our now current landlord.

We received the house keys, but were told by the landlord, she would mail the garage, mail box and cabana keys to us, once we we were actually in the property.

Well, we waited over 3 weeks to get our hands on the mail, since she claimed, she had send the keys per mail....but, it never arrived!
Well, mix up with post office, chasing, tracking down our mail....it turned into a nightmare and hassle to no end. (The bills need to be paid....and creditors don't care what circumstances one is in! )

Finally made her send us a mail box key per certified mail (her only original...since the duplicate didn't work either!)

Now after 6 months, we STILL don't have the garage key, NOR the cabana key to use the community swimming pool.

After moving in...we discovered, that there was no working electricity nor water (we had never asked about it...assuming, brand new house would have that), and we had to pay FPL and the city above and beyond, to have a "quick" hook up done at extra charge (2 days without air conditioning in 90 F FL weather and NO water to take showers and cool down....huh)

After being here for approx. 2 months or so....we were approached by a realtor here in this community, telling us, that we are not allowed to have our 2 dogs in here, due to weight and size restrictions. (Our landlord knew what kind of dogs we have, as well as HER realtor and ours! It was written as "2 dogs" into our lease with no further elaboration)
Well, the realtor from this community contacted the HOA, resulting in a certified letter being send to our landlord, telling her, she is in violation of agreement and HOA rules, and could possibly be fined.
She contacted me, asking me to lie for her, saying that I am her niece, watching the property.... (Which I told her I wouldn't and shouldn't do....)

After that, we were approached 2 more times, telling us, that we can't have our dogs in here, not being wanted....

So, long story short...we looked into another rental, found one, and notified our landlord (30 days + ) about our intended vacating the premises, and the reasons why.

First, she talked to my husband, refusing to use the last months rent we gave her up front, to use as our last month rent, before moving out (at the end of Jan).

Second.....now she says she is desperate, and wants US to find another renter AND she isn't sure, if she is giving us the security deposit back. (Since we are "breaking" the "lease")

We found out, that the "lease" done with HER realtor was the wrong thing to do, since we would have had to do a lease/ rental agreement with and trough the HOA.

Does that mean, our lease (going through HER realtor) with our landlord doing the wrong thing is null and void?

Can she withhold the security?

Can she refuse letting us out of that bogus and wrongly done "lease" with her?

Can she make us find another renter for her?

Note: We are responsible renters, leaving the property in better shape then it was in, when we moved here and ALWAYS paid our rent BEFORE it was due, or on time!
Leaving custom cut blinds for her behind....

But now, we have to come up with a large sum of money AND moving expenses, to vacate and move yet AGAIN, because of the situation we were put into.
The 3 encounters by the HOA people and realtors working for them is already borderline harassing.
We are fed up....and leaving!

Any info, advice....is greatly appreciated!

[sponger42]

I'm assuming you do NOT want to move out, were it not for the key and dog issue--not that you are trying to use the keys and dogs as an excuse to break your lease.

You might need a lawyer for this one. It will probably cost you $200-500 and 4-6 hours of work in total to get someone who knows the law to review your case and write your landlord a letter "encouraging" her to straighten things out. Do not pay a retainer--only go with hourly offers--this isn't a big enough case to justify one, and getting them refunded is iffy.

OR, you can read the law yourself and try to figure it out, yourself. This will be free, but cost you dozens of hours of work and worry. Plus, you lack the clout that a legal professional's letter would have.

In either case, I would google "Florida Renter's Rights" and look for the state's website that will tell you your rights and responsibilities.

Okay, that said, let's look at specifics:

Originally Posted by MB2

Now after 6 months, we STILL don't have the garage key, NOR the cabana key to use the community swimming pool.

That's annoying. The best action would be to call every day until you annoy her into giving you the key.

After moving in...we discovered, that there was no working electricity nor water (we had never asked about it...assuming, brand new house would have that), and we had to pay FPL and the city above and beyond, to have a "quick" hook up done at extra charge

That's actually pretty standard. Power and water and anything else in your name is usually off until you get it hooked up. You could've called ahead and had them hook it up at any time. Lesson learned.

After being here for approx. 2 months or so....we were approached by a realtor here in this community, telling us, that we are not allowed to have our 2 dogs in here, due to weight and size restrictions. (Our landlord knew what kind of dogs we have, as well as HER realtor and ours! It was written as "2 dogs" into our lease with no further elaboration)
Well, the realtor from this community contacted the HOA, resulting in a certified letter being send to our landlord, telling her, she is in violation of agreement and HOA rules, and could possibly be fined.
She contacted me, asking me to lie for her, saying that I am her niece, watching the property.... (Which I told her I wouldn't and shouldn't do....)

After that, we were approached 2 more times, telling us, that we can't have our dogs in here, not being wanted....

I hope you pointed to your lease and told them to take it up with your landlord. SHE is responsible for violating the HOA, not you. SHE has to deal with it--and that means letting you out of your lease with all appropriate security and last month's refunds, or just sucking it up and paying HOA fines while you are there. She is contracted to provide a service for you for the duration of the lease, and that means housing your dogs that are on the lease. If she breaks the terms of the lease (by forcing you to leave) then she is fiscally responsible for the costs you incur.

So, long story short...we looked into another rental, found one, and notified our landlord (30 days + ) about our intended vacating the premises, and the reasons why.

First, she talked to my husband, refusing to use the last months rent we gave her up front, to use as our last month rent, before moving out (at the end of Jan).

STOP! If you haven't already, do NOT pay January's rent. It may have been illegal for her to ask for 1st, last, and security, though many do anyway. I don't know FLA's laws. In any case, you need to take action now to recover as much of your money from her as you can without taking legal action. The first step of that is to not pay her another red cent.

Copy the letter you sent to your landlord and keep it in your records. Try to correspond with her via registered mail. Copy everything and save your receipts.

You may be breaking the terms of your lease by voluntarily moving out. That might mean your landlord could hold you responsible for the rent for the full term of your lease.

There are two courses of action that I would suggest:

NICE
Go have a meeting with your landlord and see if you can hammer out a fair deal for both of you. You should only have to pay your rent through January (if that's how long you both agree you should stay), and you should have a full refund of your security deposit (less any documented and receipted deductions allowed by Florida renter's law.). Write up a document to that effect and ask her to sign it. Decide ahead of time how much (if any) you are willing to compromise with her.

MEAN
If that doesn't work and you can't come to a satisfactory agreement, you'll need to dig in your heels. I would NOT move out despite neighborhood complaints. That is HER problem. Simply stay put and enjoy your place. (And do pay your rent). If the HOA or neighbors come calling, explain the situation--that you are willing to leave, but your landlord won't let you out of your lease with reasonable terms. Suggest to them that they ask the HOA to fine or sue your landlord for violating her HOA agreement. You do not sign leases with your landlord's HOA. In fact, you should not have any contact with them at all. If they have complaints, they need to take it to your landlord who then relates them to you. Your lease is a valid contract between you and your landlord. Your landlord is violating her HOA agreement by writing dogs into your lease, so the onus falls solely upon her.

Eventually, the HOA pressure should force your landlord to be the one to break the lease. This is not just smart for you, but the right thing to do. She is in the wrong here, not you. When she breaks the lease, she will be required to give you adequate notice that you have to move out (check florida laws or consult a renter's help organization) and at least refund your deposit. There may be other penalties, so you really need to look up your rights.

Second.....now she says she is desperate, and wants US to find another renter AND she isn't sure, if she is giving us the security deposit back. (Since we are "breaking" the "lease")

You are breaking the lease by trying to be nice, and she can hold you responsible. Don't. Stick around. You'll be able to find another rental in a few months when the HOA files suit against her.

We found out, that the "lease" done with HER realtor was the wrong thing to do, since we would have had to do a lease/ rental agreement with and trough the HOA.

No way. Who told you this? I have never heard of such a thing. Maybe the HOA needed to approve your lease, but that's not your problem. It's hers.

Does that mean, our lease (going through HER realtor) with our landlord doing the wrong thing is null and void?

Doubt it. But it is a violation of her HOA and they can/will fine/sue her for it.

Can she withhold the security?

If you break your lease she can probably withold security, and hold you responsible for the rent for the rest of your lease term. That's why you need to re-evaluate leaving.

Can she refuse letting us out of that bogus and wrongly done "lease" with her?

Yes. I would bet that the lease is valid.

Can she make us find another renter for her?

Yes, if you break your lease. Or she can still charge you rent after you leave until the terms of the lease are up.

Note: We are responsible renters, leaving the property in better shape then it was in, when we moved here and ALWAYS paid our rent BEFORE it was due, or on time!
Leaving custom cut blinds for her behind....

But now, we have to come up with a large sum of money AND moving expenses, to vacate and move yet AGAIN, because of the situation we were put into.
The 3 encounters by the HOA people and realtors working for them is already borderline harassing.
We are fed up....and leaving!

Any info, advice....is greatly appreciated!

Advice: DO NOT LEAVE.

Tell the HOA to take action against your landlord so you can leave. This is clearly and 100% HER responsibility. SHE owns the property and is bound by the HOA. You are only bound by the terms of your lease. If the HOA or neighbors keep bothering you, go to the police if you have to. They and their realtors need to go after your landlord.

[MB2]

MB2 We found out, that the "lease" done with HER realtor was the wrong thing to do, since we would have had to do a lease/ rental agreement with and trough the HOA.

Spnger42 No way. Who told you this? I have never heard of such a thing. Maybe the HOA needed to approve your lease, but that's not your problem. It's hers.

Got some papers from the HOA....
It states, that "landlords" owning property here, have to go trough HOA board, interviewing potential renters/ leases upon their terms and approval, and providing paperwork/ documents having to be signed between renters/ leases and HOA.
It's not a gated community, but an "open planned community" of townhouses, underlying HOA rules.

That's all I was able to find out so far.

What a mess this has turned out to be....and we are so fed up.....

I should have also noted, that, on top of WANTING to leave at this point, I am also being transferred with my work. So, at this time, it will be in our best interest (all around it seems), to vacate the premises.

I will try my best to reason with her and will put pressure on her about our security deposit (a month worth of rent)....by going to the HOA.
I am not considering legal action just yet, because I believe in giving every person a fair chance to "make it right, and to make the right decision".

Just wanting to find out, what I SHOULD do, and what CAN be done.

Thank's so much for the urgent needed info!!
It's much appreciated!

It's kind of ironic in a way.....that we are such good tenants, that our landlord DOESN'T want us to leave...and other's have problems getting troublesome renters out....huh....

[sponger42]

Originally Posted by MB2

Got some papers from the HOA....
It states, that "landlords" owning property here, have to go trough HOA board, interviewing potential renters/ leases upon their terms and approval, and providing paperwork/ documents having to be signed between renters/ leases and HOA.
It's not a gated community, but an "open planned community" of townhouses, underlying HOA rules.

That's all I was able to find out so far.

That's exactly what I expected. She didn't go through the HOA like she was supposed to. That doesn't invalidate the contract between the two of you, unfortunately for you, it seems. It does get HER in hot water with the HOA, though.

In the end, this shouldn't cost you anything besides the harrassment. The key issue might be enough for you to claim she violated the terms of your lease--allowing you to break the lease that way (and get back your deposit and any rent you paid for time you didn't live there). Check Florida law or talk to a renter's rights organization.

I think this is going to go badly for you, because if this landlord is willing to ignore her HOA, then she's probably willing to ignore you when you ask for your money back. Plus, she holds all the cards if you break the lease.

If I were you, I'd calculate how much pain it's worth to get that last month, the security deposit out of her and weigh it against moving into your new place on time and giving this up as a lost cause. If you leave when you intend, expect to lose all the money you've sent her and possibly even be taken to small claims court for the remainder of the rent.

If she decides to jerk you around now (and she seems like the type that will) that she knows you're planning to break your lease, your only recourse is through the HOA if you've been harassed into leaving. You could contact them and tell them that you want to leave (and take your dogs with you), but the owner is holding you to your contractual obligations under the lease and so it makes more financial sense for you--AND YOUR TWO BIG DOGS--to stick it out until the lease is up. If they don't like you--AND YOUR TWO BIG DOGS--then they need to take whatever action their HOA agreement with your landlord allows (probably fines).

I would keep a threat to stay put--and tell the HOA to come after her--in your back pocket when you talk to the landlord. That's your one big card. She might have signed her life away to the HOA, and likely they can put the kind of pressure on her that would make her want to give you your money and bundle you out the door as soon as possible.

Anyway, good luck. Sorry you had a lousy and irresponsible landlord.

[MB2]

Originally Posted by sponger42

Anyway, good luck. Sorry you had a lousy and irresponsible landlord.

Thank's so much for the info on this!
Well, I had several landlords, and was spoiled, because they were all so cool and very, very nice.
I guess, there's a first for everything....LOL....including a bad apple in the bunch....huh.

My "game plan" will be, to give her the necessary time, to resolve this issue....amicably and responsibly.
If she won't give me sufficient reason on why she will hold my security deposit back....I will go further.

One very, very funny thing I have noticed as well, after reading the "lease agreement" with her is....I can't find a date on there at all, when the lease is supposed to be up!!!!!?????? What????
It doesn't state nowhere, that it is a time limited agreement..........
I am checking....AGAIN....and see....but, I am pretty sure, no "end of lease" date/ restriction is on those papers.
If that's the case.....we are free and clear.....and I will, however, "side with her enemy, HOA" (so to speak...lol)

Thank's for the time to respond.
It's always good, to hear and get views from a different source/ side and person.
Have a good day!

[sponger42]

Originally Posted by MB2

One very, very funny thing I have noticed as well, after reading the "lease agreement" with her is....I can't find a date on there at all, when the lease is supposed to be up!!!!!?????? What????
It doesn't state nowhere, that it is a time limited agreement..........
I am checking....AGAIN....and see....but, I am pretty sure, no "end of lease" date/ restriction is on those papers.
If that's the case.....we are free and clear.....and I will, however, "side with her enemy, HOA" (so to speak...lol)

Yeah, if the lease she had you sign wasn't written properly (or was just month-to-month), you're home free. Sounds like you've got an open-ended month-to-month.

That changes things.
Edit: You are now no longer "breaking the lease." That means:
1. You get your depsit back less documented repairs/cleaning.
2. You can leave after the 30-day notice (or whatever your state requires)
3. You get your last month's rent back (if you didn't live there for that last month.)
4. You have zero responsibility to find another renter, pay additional rent or any such nonsense.
5. You can win if you are forced to file a claim against her for your deposit and other money she owes you.

Check your local renter's law, but I'm pretty sure that if you so choose, you can now:

Leave after your 30 days notice is up. Send her a (registered mail) photocopy of a letter (kept in your records) requesting your deposit back, less any cleaning/repair costs. In CA, those costs have to be documented with receipts or at least official estimates. They also have to be sent to the renter within 21 days otherwise the entire amount of the deposit is forefitted by the landlord back to the renter. Be sure to include your new address so she can't claim she doesn't know where to send the check.

If she doesn't pay, you can take her to small claims court. In CA, I think you can go for triple damages (She would be ordered to pay 3X your deposit) so it's worthwhile to keep track of this. If she doesn't work with you, be sure to pursue this. Lousy landlords don't deserve to be given any breaks. Save "Mr. Nice Guy" for the good landlords.

I'm a little confused, though. Does she still have your JANUARY rent, your FEBURARY (last month's) rent, AND your security deposit? And you're leaving at the end of January?

Keep us posted, in any case.

[MB2]

Originally Posted by sponger42

I'm a little confused, though. Does she still have your JANUARY rent, your FEBURARY (last month's) rent, AND your security deposit? And you're leaving at the end of January?

Keep us posted, in any case.

LOL...sorry to leave you confused....this thing is confusing to me as well....huh.
We (actually my husband was the one) called her Jan. 1st, to tell her we would be moving out by the end of January, explaining all the problems we have had encountered, and to use last month rent she ALREADY HAD upfront, as the rental payment for Jan. (We didn't make a rent payment for the month of Jan....because we pretty much made up our minds mid Dec.)
All she pretty much has left is the security deposit......

Just got of the phone with my husband, and he urges me to write a letter, sending it to her certified about :
*the phone call he placed to her (date) to terminate the rental (cell phone record in my possession)
*for her to use the last month deposit as the fulfilling last month rent.
*to remind her that we are only in the possession of the house and mail box keys, and never received the garage nor cabana keys.
*to remind her about the circumstances on WHY we are choosing to move out.
*to ask her, if the custom made blinds should stay or not
*and to ask for the security deposit back, after her inspection of the property.

Good idea, I think.....did I leave something out in your opinion (which might come in handy later????)

This thing could go either way, and I want to be prepared if it swings into the "nasty side"...instead of scrambling around, looking for stuff, and waiting until the last minute.

[sponger42]

Originally Posted by MB2

LOL...sorry to leave you confused....this thing is confusing to me as well....huh.
We (actually my husband was the one) called her Jan. 1st, to tell her we would be moving out by the end of January, explaining all the problems we have had encountered, and to use last month rent she ALREADY HAD upfront, as the rental payment for Jan. (We didn't make a rent payment for the month of Jan....because we pretty much made up our minds mid Dec.)
All she pretty much has left is the security deposit......

Just got of the phone with my husband, and he urges me to write a letter, sending it to her certified about :
*the phone call he placed to her (date) to terminate the rental (cell phone record in my possession)
*for her to use the last month deposit as the fulfilling last month rent.
*to remind her that we are only in the possession of the house and mail box keys, and never received the garage nor cabana keys.
*to remind her about the circumstances on WHY we are choosing to move out.
*to ask her, if the custom made blinds should stay or not
*and to ask for the security deposit back, after her inspection of the property.

Good idea, I think.....did I leave something out in your opinion (which might come in handy later????)

Okay, good. Smart of you not to pay January's when you are moving out. However, you should have sent a certified in-writing letter to her January 1st, since it will come down to your word verses hers about the phone call if things go sour.

Your list looks good. I don't think you need to send her any more at the moment. I would prepare:

1. Be prepared to pay for pro-rated days in Feburary until 30 days from when she recieves your WRITTEN notice. She'd probably be within her rights to demand this. (Even if it is nasty of her to do it.)
2. Keep a copy of the letter you're sending.
3. Document the condition of the place. Do a walkthrough with her if you can. Write down anything she mentions.
4. Be ready for a fight over the deposit, if she's such a bad landlord. Make sure that any deductions she makes are accounted for with receipts. She's not allowed to charge you for anything she can't document. "Oh, this picture frame is hung crooked, that will cost me $2000 to straighten properly".

[BstYet2Be]

Originally Posted by MB2

*to ask her, if the custom made blinds should stay or not

Since these blinds are your property and you paid to have them put up, if she elects to keep them, you should be reimbursed for the costs.

If she refuses to reimburse you, I'd be taking them with me! If you don't want them, get the HOA to check to see if any of the members would like a nice set of blinds.

Good luck to you!

[MB2]

Originally Posted by new2sa

Since these blinds are your property and you paid to have them put up, if she elects to keep them, you should be reimbursed for the costs.

If she refuses to reimburse you, I'd be taking them with me! If you don't want them, get the HOA to check to see if any of the members would like a nice set of blinds.

Good luck to you!

LOL....I was thinking along those lines as well.....
Thanks!