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Horrible advice? Suggesting that the tenant be proactive to avoid an eviction? What do you suggest? That she sits there on principal and does nothing? That's horrible advice.
Not once did I say the OP was at fault. I know it's a slow day over their Suncoast Estates, but try and focus on the facts, not your assumptions.
Quote:
Originally Posted by Kim in FL
It's valid between the OP and the landlord..however, it's not valid with the HOA.
The OP is getting the short end of the stick here, and the owner and agent, need to make it right...but, the OP needs to protect themselves as well because once an eviction hits the court, it's game over.
Quote:
Originally Posted by Kim in FL
I don't live in Miami, but have fun with your continuing assumptions. Of course you'll say that about Suncoast..everyone who lives there claims that 'good' people live there, however the news and LEO say otherwise
Toodles
To stay on topic...the OP is in a pickle due to no fault of her own and needs to be proactive...not just sit back and suck her thumb.
Good grief, could you possibly get anymore obtuse and tactless with your posts? And where is the OP sitting around sucking their thumb? Drama much?
And you ARE wrong with your incessant obsession regarding the OP being evicted "because once it hits it is game over". You are sounding just like the RE agent who is using nothing but bullying and scare tactics for their own mishaps and screw-ups. I highly doubt there is a judge anywhere who would even begin to entertain any kind of an eviction against the OP based solely on the lease between OP and the owner/RE agent who not only initiated the lease but also signed it. As long as the OP upholds their end of the agreement/contract as far as their rental terms are concerned then the OP should not be worrying about getting evicted. You are being way overzealous here. Any issues with this rental need to be duked out solely amongst the HOA, owner and RE agent, NOT with the OP. OP just needs to continuously call their bluff if the bullying and scare tactics continue. In 3 months the OP is out of there anyway.
A lot of people are conflating the concept of talking to an attorney with filing suit. Nothing could be further from the truth. Filing suit is the end, the last resort when you can't otherwise resolve things.
But what the OP can do with a short consultation with an attorney is discuss the situation, find out their legal status and what actions they might want to take. They might get the attorney to write an initial letter, pushing back on what the OP was told by the realtor, and yes, esp. since I think most of us agree the realtor appears to be on shaky ground here, could be enough to put an end to this entire thing. I would have assumed that most people would prefer to have a quick and easy resolution over a long and protracted one but at least for some people, it appears I assumed incorrectly.
As for paying a lawyer, the OP hasn't identified their financial status. Possibly they have sufficient means to pay for the few hours of attorney time that would be involved, at least to start with. Or they could check into other resources - in some cases, while a legal aid clinic might not be able to provide assistance with a long and protracted matter, they mitght offer shorter consults that could be sufficient in this case.
But the reality is that none of us posting here has seen the lease. And I doubt that anyone is well versed on the landlord-tenant law for OP's location. And you need someone who qualifies under both of these things to know what OP's actual legal status is, as well as their options to address any concerns.
I don't live in Miami, but have fun with your continuing assumptions. Of course you'll say that about Suncoast..everyone who lives there claims that 'good' people live there, however the news and LEO say otherwise
Toodles
To stay on topic...the OP is in a pickle due to no fault of her own and needs to be proactive...not just sit back and suck her thumb.
So you think because you live in Liberty City it's not Miami, ok think what you want.
To stay on topic....She's being bullied by a RE agent who is worried about being sued by the LL.
Like someone else said. All she has to do is ask about the Agents errors and omissions insurance policy which insures the LL to shut her up. So she can sit on anything she wants, she has done nothing wrong.
If the OP was in my HOA, the Board would initiate a fine, assuming the tenant moved in without approval of the HOA. All tenants get approved by the HOA, and it includes the requirement for a 600 minimum credit score (all occupants), income, and criminal record standards. If we had a lease length requirement, that would be part of the approval process.
The fine would probably be an escalating fine, $250 a month for three months, $500 a month for three months, and $1,000 a month until the tenant move out. So this LL would get by with only a $750 fine by moving in an unapproved tenant for three months.
If the fine was not paid in 30 days, it would be submitted to a lawyer to foreclose as quickly as possible. We have done this in the past, and legal fees escalate very quickly, and are more than the actual fine. A LL paid almost $5,000 in total on a $1,000 fine. Plus her own legal fees. It did not cost the HOA anything.
Based on the OP's post, the community manager did not say that OP had to move out. It seemed more like a courtesy email to the realtor letting her know the implications of the short lease going forward. Based on the OP's assessment, it appears the realtor believed/was fairly sure the HOA would approve OP but didn't give them enough time to make that official before OP moved in (it can take up to 30 days around me for an HOA to approve an applicant). If the OP had failed an application/background check, I'm sure the community manager would have notified the realtor of such in the email.
Must have been your proudest moment. and yeah you can't collect money from a corpse.
It was. I re-rented to a new group of tenants and finally got paid. Send me your contact information, if I ever have another tenant in dire straits, you can decline to help them, so you get the same feeling.
Based on the OP's post, the community manager did not say that OP had to move out. It seemed more like a courtesy email to the realtor letting her know the implications of the short lease going forward. Based on the OP's assessment, it appears the realtor believed/was fairly sure the HOA would approve OP but didn't give them enough time to make that official before OP moved in (it can take up to 30 days around me for an HOA to approve an applicant). If the OP had failed an application/background check, I'm sure the community manager would have notified the realtor of such in the email.
Very true. The realtor was just concerned about the commission for the remaining nine months...
It was. I re-rented to a new group of tenants and finally got paid. Send me your contact information, if I ever have another tenant in dire straits, you can decline to help them, so you get the same feeling.
The problem is you said it with such glee, when a family member of yours gets stage 4 cancer maybe you will feel differently. No one expects you to pay for someone to live in your house for free, but there is such a thing as decency and tact and not dancing on someone's grave. Karma is a you know what. Quite frankly you seem like you are miserable already, every post i read of yours is angry and bitter.
Oh, yes, far better to be evicted and sue to get it overturned, than to be proactive and stop it from happening in the first place. Not.
And whether or not you "work for someone on the Supreme court" it seems pretty clear it's not as an attorney.
Merry Maids comes to mind.
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