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Old 11-06-2009, 11:43 PM
 
Location: Palm Coast, Florida
228 posts, read 830,389 times
Reputation: 123

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Heres the story. My daughter rents out her house in Spring Hill, FL. She rented the house to a lady with 3 children. We had a lease. The lease came up for renewal. My daughter signed the lease and faxed the lease for the tenant to sign. After over a month, my daughter got the lease back in the mail. Now this is the part to if anyone knows the law on what we can do, please feel free to jump in. The tenant rewrote the lease. She changed how many people can live there, she changed the amount of rent. She also wrote that we would not be able to inspection the house or enter it until 9/1/2010. She changed the maintenance to where we would be responsible for everything, from the grass cutting to emptying the septic tank. She even added that if we would ever take her to court for anything, that we would pay her legal fees. The lease was not notorized, nor was it witnessed. The lease clearly states that my daughters signature is a copy and the tenant is a true signature. Of course none of the changes she made in the lease are initialed by my daughter. We have been past the outside of the house and it is a mess. Lawn unkept. Garbage piled in the driveway and on side of house. Bent rain pipes, screens off doors and window. You get the picture.
I want to get her out. This just seems like a bad situation. Any ideas, I'm willing to listen
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Old 11-07-2009, 12:09 AM
 
27,521 posts, read 56,650,394 times
Reputation: 21927
A contract requires a meeting of the minds, consideration and performance... at least this is what I was taught.

Obviously, their was no meeting of the minds... it sounds more like a negotiation.

I would give notice... these situations seldom get better over time.

As with anything... the only opinion that counts is from a lawyer paid to represent you.

Whatever you decide... don't delay, unless you are comfortable with the terms the tenant has offered.

Good Luck.
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Old 11-07-2009, 12:40 AM
 
713 posts, read 2,495,388 times
Reputation: 151
I wouldn't think her revisions would stand up in court for your daughter didn't agree to them. A contract or lease is an agreement. Two or more are needed to make it so.

And these people must know they are ruining the house and do not want to pay for their damages. I agree, a paid lawyer is def. in need here. Run don't walk and get some help.

When there, ask the lawyer if this person broke the law by altering the contract. Also, they are pretty much telling, not asking your daughter if these terms are acceptable. They appear not.

See if you can post this under Tampa thread. There are SH locals there who may be able to point your daughter towards a good lawyer. (I think there was a Day Law firm or similar who was reasonable or they might be able to point her in right direction). Or maybe the SH realtors on Tampa boards can e-mail you for some suggestions.

I feel for you as a situation similar to this forced us out of our home of 15+ years. We are still devastated and may never be able to recoop our loses. I can read between the lines who is in that house. If she can, move the losers out and have your daughter sell the house ASAP. The peace of mind and lack of hassles is worth getting rid of it. Good luck.

Last edited by House4Sale; 11-07-2009 at 12:54 AM..
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Old 11-07-2009, 06:07 AM
 
26,863 posts, read 42,112,002 times
Reputation: 15120
Was the lease at first signed and initialed by both parties before moving in?

The rest is not legally holding up....one party can't just change the lease, neither the LL or the tenant...it has to be negotiated and agreed on by both parties and both signatures.

I would go to court and have this person out a.s.a.p. this is ground for a lot of trouble.

The sooner you stop this mess the better and don't tell them you are going to do this, don't say anything thill you have the eviction notice...or you need to have them served...otherwise they have more time to ruin your/her place.
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Old 11-07-2009, 06:47 AM
 
4,399 posts, read 9,691,787 times
Reputation: 2365
Quote:
Originally Posted by Blue717 View Post
Heres the story. My daughter rents out her house in Spring Hill, FL. She rented the house to a lady with 3 children. We had a lease. The lease came up for renewal. My daughter signed the lease and faxed the lease for the tenant to sign. After over a month, my daughter got the lease back in the mail. Now this is the part to if anyone knows the law on what we can do, please feel free to jump in. The tenant rewrote the lease. She changed how many people can live there, she changed the amount of rent. She also wrote that we would not be able to inspection the house or enter it until 9/1/2010. She changed the maintenance to where we would be responsible for everything, from the grass cutting to emptying the septic tank. She even added that if we would ever take her to court for anything, that we would pay her legal fees. The lease was not notorized, nor was it witnessed. The lease clearly states that my daughters signature is a copy and the tenant is a true signature. Of course none of the changes she made in the lease are initialed by my daughter. We have been past the outside of the house and it is a mess. Lawn unkept. Garbage piled in the driveway and on side of house. Bent rain pipes, screens off doors and window. You get the picture.
I want to get her out. This just seems like a bad situation. Any ideas, I'm willing to listen
Yes the lease is garbage. A copied signature isn't valid especially when it so obvious lol(a copy machine) Evict her, I don't think it takes too long in Florida.
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Old 11-07-2009, 07:00 AM
 
Location: Jacksonville, FL (Mandarin)
2,504 posts, read 5,673,798 times
Reputation: 1710
Lesson learned: Landlords should NEVER sign the lease first. I also agree with what everyone else says about it not holding up in court. Landlord need to send a 7-day notice to cure the maintenance and appearance items. If they don't comply, evict. Then, if it comes to court, landlord should present to the court, the two "versions" of the lease. And, it's definitely not a bad idea to consult a real estate attorney, who specializes in Landlord/Tenant Law. By the way, your daughter should become intimately familiar with Florida Statutes Chapter 83.
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Old 11-07-2009, 07:37 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 63,222,096 times
Reputation: 26602
The lease is not valid. I would suggest your daughter immediately write to the tenant via certified return receipt and tell her that the revisions are not acceptable. She should enclose an UNSIGNED copy of the renewal lease and tell her that if this is not acceptable to her and is not returned to you, signed and notarized, within 7 days, then 30 days notice of quit will be given.

If there's no response, send her another certified return receipt letter giving her 30 days notice and if that's ignored then immediately file eviction.

The tenant doesn't have a leg to stand on. Good luck.
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Old 11-07-2009, 08:24 AM
 
Location: Clermont Fl
1,715 posts, read 4,375,602 times
Reputation: 1238
Give the 3 day notice and start to evict

If the terms of the lease were not going to change except the dates why would you send a new lease and not a lease extension form? Why would you sign it first?
I hope you sent a pdf and not a word doc so it is obvious it was changed buy all in all the lease is not valid

Last edited by tworent; 11-07-2009 at 08:55 AM..
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Old 11-07-2009, 08:31 AM
 
Location: SE Florida
9,366 posts, read 23,575,969 times
Reputation: 9401
As has been said, the lease is not valid. I hope your daughter made a copy of it before she sent to original to the tenant, will just make things easier.

If the woman is current in her rent, pays monthly and the lease has expired, she is on a month-to-month tenancy. Send a thirty day notice to vacate. If she is delinquent, a nice, big three day notice on the front door. Don't accept partial payment. And then follow up with eviction. It would be money well spent to consult with an attorney for this and to ensure that she doesn't find herself in the same situation in the future.

A friend installs a new a/c filter in her rental properties monthly. Protects her HVAC, gives her a chance to pick up the rent and check out the property.
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Old 11-07-2009, 09:54 AM
 
26,863 posts, read 42,112,002 times
Reputation: 15120
Every change by hand needs to be initialed by both parties or won't hold up in court...so don't worry if you haven't gotten a copy...if the tenants hand writing is on it and she made the chances is enough...no LL or judge will ever believe that kind of contract, but act a.s.a.p.
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