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Old 04-14-2010, 03:57 PM
 
1 posts, read 1,367 times
Reputation: 10

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Is there any type of consideration the Florida courts will give me? My husband and I leased a house in Tampa with a seperate one year lease and a lease purchase contract. We had only lived in the house for 6 weeks when my husband died unexpectedly. I have been left with no income and no money. The lease purchase had a $15K deposit. I cannot afford to stay in the house and cannot afford to move without getting at least part of the deposit to use. I have family I can stay with until I find work (I've been a housewife for the last 10 years) but they are in Oregon (3000 miles away).
The way the purchase contract was written is that there is $30K in escrow. I have no idea why my husband and the landlord wrote it up that way because to my knowledge we only gave him $15K.
The executor of my husband's Will tried to negotiate with the landlord but he won't even discuss the matter.
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Old 04-14-2010, 04:11 PM
 
Location: Myrtle Beach
3,378 posts, read 7,870,480 times
Reputation: 2926
Quote:
Originally Posted by tamarakayebemine View Post
Is there any type of consideration the Florida courts will give me? My husband and I leased a house in Tampa with a seperate one year lease and a lease purchase contract. We had only lived in the house for 6 weeks when my husband died unexpectedly. I have been left with no income and no money. The lease purchase had a $15K deposit. I cannot afford to stay in the house and cannot afford to move without getting at least part of the deposit to use. I have family I can stay with until I find work (I've been a housewife for the last 10 years) but they are in Oregon (3000 miles away).
The way the purchase contract was written is that there is $30K in escrow. I have no idea why my husband and the landlord wrote it up that way because to my knowledge we only gave him $15K.
The executor of my husband's Will tried to negotiate with the landlord but he won't even discuss the matter.

I am sorry to hear about your loss. I would call a Real Estate attorney or visit a local church and see if anyone can give you legal advice on this matter. I would think someone should be willing to do some pro-bono work for you. I think you just gave me a wake up call. My wife has been a housewife for the last 7 years and the only income she would have is my life insurance....which I need to increase.

Good Luck, again....sorry for your loss.
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Old 04-14-2010, 05:38 PM
 
Location: Saint Petersburg, FL
1,881 posts, read 3,129,345 times
Reputation: 16530
Oh my goodness, I'm so sorry. How awful.

I don't think the landlord legally has to do anything as far as letting you out of the contract, but you would think he would have some compassion and do it anyway, geesh.
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Old 04-14-2010, 06:55 PM
 
Location: Beautiful Pinellas County
1,402 posts, read 2,498,183 times
Reputation: 980
An attorney that deals with real estate is a must I would say. If it's a lease purchase and you are running a lease alongside it, does the one become an option at the end of the year's lease? An attorney may find that it's not watertight, if it was written by the landlord/seller or an agent, you may find it was not done correctly. I am in no way qualified to offer a legal opinion, it's amazing what an attorney can do. I am very sorry for your dreadful situation and a huge boo to the landlord, but I understand that in this market, he may in difficulties, though not I imagine as tough as yours. Good luck to you, I hope you find a solution.
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Old 04-14-2010, 07:47 PM
 
Location: Tampa Bay`. ><((((>.`><((((>
4,500 posts, read 6,560,485 times
Reputation: 13470
Quote:
Originally Posted by tamarakayebemine View Post
Is there any type of consideration the Florida courts will give me? My husband and I leased a house in Tampa with a seperate one year lease and a lease purchase contract. We had only lived in the house for 6 weeks when my husband died unexpectedly. I have been left with no income and no money. The lease purchase had a $15K deposit. I cannot afford to stay in the house and cannot afford to move without getting at least part of the deposit to use. I have family I can stay with until I find work (I've been a housewife for the last 10 years) but they are in Oregon (3000 miles away).
The way the purchase contract was written is that there is $30K in escrow. I have no idea why my husband and the landlord wrote it up that way because to my knowledge we only gave him $15K.
The executor of my husband's Will tried to negotiate with the landlord but he won't even discuss the matter.
So sorry for your loss, Tamara.
Like the others I believe you should see a RE lawyer.
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Old 04-14-2010, 08:05 PM
 
25,805 posts, read 39,015,790 times
Reputation: 13794
I'm sorry for your loss!

On the other hand if the contract is written in a legal way they LL/owner doesn't have to do anything and we don't know if he has difficult time, like many have right now....
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