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Old 12-06-2012, 06:02 PM
 
2 posts, read 5,999 times
Reputation: 10

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Hi..I need help.. I have been renting for the lat 2 years and paid my rent up until September 2012 when I received notices that the property is being auctioned off. They have not paid the home association and mortage in the 2 years that i have been renting. When my lease was up last year the LL(son of LL) ask me to sign a lease he emailed to me and fax it back to him. I did thinking he was going to send me a signed lease back. Ofcoarse I had no clue they were not paying thier mortage. My question is, sinse they never sent me a signed lease.. is it still a legal document. Also, is it legal for them to evict me when they are loosing the house on Monday? They said if I dont pay them they will take me to court. I did not pay the last couple of months to prepare myself if I had to move. I am completely stressed out over this. On Tuesday they served me with a three day notice to pay or move. What should I do? I havent even stated looking for a place.
Please help.
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Old 12-06-2012, 07:02 PM
 
Location: Finally, home sweet home Orlando
511 posts, read 855,478 times
Reputation: 309
Don't stress, it'll take at least 30 days to evict they're losing the house on Monday? Keep your money and leave no mater what the situation, obviously they've been ripping off the bank in a sense, the bank has foreclosed and honestly they knew it was coming so they don't have any legal legs to stand on.. Move on and don't look back..Lease is null and void as they don't own the property anymore..
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Old 12-07-2012, 07:02 AM
 
Location: Orlando
8,276 posts, read 12,864,651 times
Reputation: 4142
Actually, you may want to consult an attorney as you may have more options than outlined. Good luck.
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Old 12-07-2012, 07:07 AM
 
Location: South Florida
5,024 posts, read 7,456,355 times
Reputation: 5482
I am so sorry for you!
Try contacting these people.. I think they'll be able to advise you.
Florida Department of Agriculture and Consumer Services
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Old 12-07-2012, 08:53 AM
 
Location: Finally, home sweet home Orlando
511 posts, read 855,478 times
Reputation: 309
Quote:
Originally Posted by AONE View Post
Actually, you may want to consult an attorney as you may have more options than outlined. Good luck.
That's always an option but not an inexpensive one and requires the time and will to fight but doesn't really address the most pressing issue of the Op's concerns..
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Old 12-07-2012, 02:04 PM
 
4,278 posts, read 5,180,483 times
Reputation: 2375
Why go through the drama? Just find another place and move.
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Old 12-07-2012, 07:27 PM
 
2 posts, read 5,999 times
Reputation: 10
Thank you.. this is truly relieving. The LL told me if i did not pay today then I had another 5 days before the sherrifs came. Thank you so much. My plan is to move.
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Old 12-09-2012, 09:03 AM
 
26,585 posts, read 62,067,847 times
Reputation: 13166
You are in the wrong. You can't just not pay rent, you need to put it into escrow in a situation like this. Too late now. At this point follow the only good advice given so far--as AONE suggested, consult an attorney.
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Old 12-09-2012, 10:01 AM
 
Location: Finally, home sweet home Orlando
511 posts, read 855,478 times
Reputation: 309
^ Like you said too late now, it's all after the fact so he needs to move on which is what's been addressed. Did you actually read the OP? The LL is in the wrong, not the OP, they've been paying the rent for a long time, enough to even get a lease renewal and all of a sudden finding out they have no roof over their head anymore as they're still getting evicted either way because the LL and owner has been screwing the bank and not paying them..

Why should the OP continue to throw money away to a LL who's just absconding with it by defrauding the bank anyways on a house they no longer own?? He's wondering if he has a right to stop paying and leave since the lease is invalid and he does.. Not having a copy of the lease is an issue that should be avoided in the future though at all costs, should have taken stronger action on that issue earlier on..

If the OP is telling the entire story, it seems they've been right in line with the bank getting the screwing from the LL/home owner, not the other way around.

Actually AONE mentions "more options" BTW he doesn't side with the LL, he's suggesting the OP has more potential for legal action against them..
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Old 12-09-2012, 12:11 PM
 
26,585 posts, read 62,067,847 times
Reputation: 13166
Quote:
Originally Posted by HomesickFloridian View Post
^ Like you said too late now, it's all after the fact so he needs to move on which is what's been addressed. Did you actually read the OP? The LL is in the wrong, not the OP, they've been paying the rent for a long time, enough to even get a lease renewal and all of a sudden finding out they have no roof over their head anymore as they're still getting evicted either way because the LL and owner has been screwing the bank and not paying them..

Why should the OP continue to throw money away to a LL who's just absconding with it by defrauding the bank anyways on a house they no longer own?? He's wondering if he has a right to stop paying and leave since the lease is invalid and he does.. Not having a copy of the lease is an issue that should be avoided in the future though at all costs, should have taken stronger action on that issue earlier on..

If the OP is telling the entire story, it seems they've been right in line with the bank getting the screwing from the LL/home owner, not the other way around.

Actually AONE mentions "more options" BTW he doesn't side with the LL, he's suggesting the OP has more potential for legal action against them..

First of all, two wrongs do not make a right. The landlords non-payment of debt is not the tenants business as the tenant is protected from immediate eviction under the law in this circumstance, provided they continue to make rent payments in a timely manner. You can't just stop paying bills because you think you might get evicted. The landlord might come up with the money to save the property at the last minute. While the tenant in this case might not be obligated to deliver the rent to the landlord, they are obligated to make the monthly rental payment--to an escrow account.

Regardless of the arrears situation, the US TITLE VII—PROTECTING TENANTS AT FORECLOSURE ACT might very well apply in this case. Again, a LAWYER--not some random person with no understanding of the law--would be the best option. It would have 100% applied had the tenant put the rent into escrow.

Should an actual eviction go through, it will show as a black mark on the credit for seven years, affecting the ability to get credit, housing, and even a job. a LAWYER might be able to assist the OP in avoiding that problem. There are two separate and distinct causes of action. One between the bank and the landlord, the other between the tenant and the landlord, and neither is dependent on the other. They wouldn't even be eligible to be tried in the same court.

The copy of the lease is a moot point in this particular situation, and this will not invalidate a lease. The fact that the lease was offered, signed by the tenant, and the landlord has been accepting rent makes it a valid lease, even if both parties didn't sign it or a copy of the fully executed lease wasn't delivered to the tenant.

I never said AONE sided with the landlord, and I agree with him that there are other options.
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