Owner selling house wants tenants to vacate asap (landlords, legal, rental)
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If they are getting 6-8 weeks notice to move out, I wouldn't put up much of a fuss about the lockbox. Asking for prior notice of a showing isn't unreasonable but since they are giving the tenants extra notice to move out, I would try to accomodate as much as possible, otherwise who's to say the owner won't tell them to be out in 15 days (if that's truly the law in FL) because the tenants are making showings difficult.
The main thing the tenants need to focus on right now is finding another place to move. All their family and friends can pitch in to assist with packing while they notify the proper offices for subsidized housing that they are in immediate need. Hopefully things can move quickly for them.
^^^^^^ I agree with this 100%. I live in Florida and the laws and rules here are not always what you would think they should be.
I would not get in a peeing contest with the landlord, 6-8 weeks is being generous and reasonable. I would firm up the lockbox and 6 hour thing to make sure no one just pops in unannounced. If they push for more, they might end up having to move much quicker.
This is the danger of a month to month and no lease.
I would definitely not make any mention of the lack of proper notice to vacate. The only one who can give that is the landlord who hasn't done so. And in writing.
Additionally, I would make a big fuss over a lock-box and would set up hours/days to not allow showings.
Just because the realtor says they have 6 to 8 weeks - and which is it? doesn't make it so.
They DO need to try to move along their moving/housing option and contacting Legal Aid is the first step.
What is Legal Aid going to do?! These people don't have a legal issue, they have a housing issue. And they've been given a generous advance notice to vacate. They need to look for a new home, not a lawyer.
Again this is the reason a Lease exists in the first place to avoid situations like this in the first place. In Florida the leases protect the owners but set the rights for the lessees as well so I don't know why these renters didn't follow up on renewing a lease.
What if a landlord doesn't want to enter into a lease? What are you going to do? Threaten to move out? If a landlord wants a lease for the first year and then go month to month, that's how it's going to be. The tenant really doesn't have any say in the matter other than moving out.
Sometimes when someone says that, they mean, "It's not financially convenient to move at this time." Other times, they mean, "I have enough to pay my rent, bills and food but I do not have enough for application fees, a deposit at another place, the expenses of moving, deposits with the utilities, the overlap of a few days or a week that's necessary to allow you to move your belongings from one place to another."
ADA may be able to provide resources that may be helpful regarding displacement and housing and local organizations that assist also. https://www.ada.gov/
ADA is a law, not an organization. www.ada.gov is a website about the ADA law, not about an organization.
Sometimes when someone says that, they mean, "It's not financially convenient to move at this time." Other times, they mean, "I have enough to pay my rent, bills and food but I do not have enough for application fees, a deposit at another place, the expenses of moving, deposits with the utilities, the overlap of a few days or a week that's necessary to allow you to move your belongings from one place to another."
But that can definitely get them higher priority for subsidized housing in most places. If they become homeless, their priority will usually skyrocket. And impending homelessness can help a lot too. If they have no credit cards, or theirs are maxed out, and no money to pay even an extra month's rent, then they really are facing homelessness. Add to that the fact that they're both disabled and elderly, and their priority should be near the top. Unless Florida has different rules.
Originally Posted by Bobdreamz View Post
Again this is the reason a Lease exists in the first place to avoid situations like this. In Florida the leases protect the owners but set the rights for the lessees as well so I don't know why these renters didn't follow up on renewing a lease.
Quote:
Originally Posted by AlaskaErik
What if a landlord doesn't want to enter into a lease? What are you going to do? Threaten to move out? If a landlord wants a lease for the first year and then go month to month, that's how it's going to be. The tenant really doesn't have any say in the matter other than moving out.
There are provisions in a yearly lease that let's both parties to negotiate a new lease before the expiration of the current lease.
Once a Lease expires in Florida for residential leases it goes to a Month to Month tenancy where you are correct that " The tenant really doesn't have any say in the matter" except going to court.
ADA is a law, not an organization. www.ada.gov is a website about the ADA law, not about an organization.
Re-read. Your comment is unwarranted and not helpful.
Here is what is at the bottom of my comment. "ADA may be able to provide resources that may be helpful regarding displacement and housing and local organizations that assist also. https://www.ada.gov/
Thank you for being a caring neighbor and friend."
I'm well aware what ADA is. The comment I made was in reference to the OP's question about how to help his senior disabled neighbors, in which I provided a few related links, including the web link to ADA.
Click the link https://www.ada.gov/
Check the website, there are lots of resources that relate to the Americans with Disabilities Act and the resultant laws mandated by our Federal Gov't. which govern everything from education, employment to housing as it relates to a person who has disabilities. Even a search feature to look up situations such as the OP is discussing.
Perhaps it will be helpful to the OP's in his desire to help guide his neighbors as a reference.
OP, another suggestion....many churches are looking for opportunities for their members to help others. A few calls might yield a small army of helpers willing to help them pack and move. They might even be able to help source the next rental....you never know.
From what I've read and reading some of the replies. Everyone is all over the place.
As stated before if you are on month to month the landlord needs to give a 30 day notice. The realtor saying 6 to 8 weeks means nothing to the teant.
As far as the realtor as most said he/she is overstepping the limit.
The tenant can say that they will not allow a lock box on the property, they must be present when anyone visits the property, must be given 12 hours notice as required, and the property be shown at reasonable hours being between 7:30 a.m. and 8:00 pm as per Section 83.53 of Chapter 83 Revised Florida Statutes.
If all else fails you can get a free consultation from a local real estate lawyer.
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