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Old 03-19-2008, 06:31 AM
 
2 posts, read 4,255 times
Reputation: 11

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At what point is a residencial lease binding when dealing with a realtor. When a) both parties have signed or b) the lease has been sign and returned to the realtor but not yet signed by the landlord?
And if b) is true what is required to terminate or cancel the lease by the tenant/ does it need to be in writing?
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Old 03-19-2008, 07:07 AM
 
849 posts, read 3,266,909 times
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Exclamation whether or not

it's strictly required, IMHO it's a good idea to ALWAYS put such things in writing and send both a certified copy, RRR, (worth the expense) and a regular mail copy to the realtor and if known, the landlord. Keep copies forever. Ditto, their replies.


Quote:
Originally Posted by Jack32 View Post
At what point is a residencial lease binding when dealing with a realtor. When a) both parties have signed or b) the lease has been sign and returned to the realtor but not yet signed by the landlord?
And if b) is true what is required to terminate or cancel the lease by the tenant/ does it need to be in writing?
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Old 03-20-2008, 02:13 PM
 
Location: Riverview, FL....for now.
1,404 posts, read 5,254,800 times
Reputation: 476
Default Hope this helps a bit....

I can help you a little bit here. I am an assistant manager at an apartment community...

A lease is legal and binding, when you sign it you are in. Now if they do not sign it, I am not sure if there is a "null and void" perspective (I am not 100% sure since we sign our leases immediatly) but you might want to look in the Florida Statues for that.

To terminate a lease contract, you do need to do it-but you should put it in writing and keep a copy for your records. I wouldn't mail anything. I would fax it as well as take it to them and have them SIGN both copies showing they received it (or atleast yours).

Quote:
Originally Posted by Jack32 View Post
At what point is a residencial lease binding when dealing with a realtor. When a) both parties have signed or b) the lease has been sign and returned to the realtor but not yet signed by the landlord?
And if b) is true what is required to terminate or cancel the lease by the tenant/ does it need to be in writing?

Last edited by mquintana; 03-20-2008 at 02:14 PM.. Reason: Forgot something
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Old 03-20-2008, 05:43 PM
 
2 posts, read 4,255 times
Reputation: 11
Default residencial leases

Just to clarify: I am the landlord and had a tenant try to teminate a lease after they signed and prior to my signing.
the delay is because I have a realtor do sreening.
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Old 03-20-2008, 06:01 PM
 
2,143 posts, read 7,365,974 times
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A contract is binding when signed by both parties, or their agent.
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Old 03-21-2008, 05:06 AM
 
849 posts, read 3,266,909 times
Reputation: 199
Default mailing

I know it seems old fashioned. I love faxes and even tho I don't have a business have a fax machine at home BUT if the situation is at all hostile, then good luck trying to get the aggrieved party to acknowledge receipt. With cert. mail RRR you have proof you did your part and gave notice. Even if they refuse to sign for the letter, you have your green card back stating that.


Quote:
Originally Posted by mquintana View Post
I can help you a little bit here. I am an assistant manager at an apartment community...

A lease is legal and binding, when you sign it you are in. Now if they do not sign it, I am not sure if there is a "null and void" perspective (I am not 100% sure since we sign our leases immediatly) but you might want to look in the Florida Statues for that.

To terminate a lease contract, you do need to do it-but you should put it in writing and keep a copy for your records. I wouldn't mail anything. I would fax it as well as take it to them and have them SIGN both copies showing they received it (or atleast yours).
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Old 03-21-2008, 05:31 AM
 
Location: FL
18 posts, read 63,714 times
Reputation: 17
I have a similar question.... If you sign all the papers on a leased house and have been there about 2 months and then HOA says "Hey... previous owners fenced in part of common area" and then rental agency takes away 2/3 of the fenced back yard (moved back fence in) leaving just a small strip of "yard" behind the house.... can the lease be terminated???? We have a small child and 2 dogs and a BIG reason why we leased this home was because it had an adequate fenced back yard. Now.... we really struggle to even call it a yard. We ARE going to move and told them so immediately. There is no question that we can not continue to live here for another 10 months. We've emailed and called (the two methods of contact they listed) and have gotten NO response. We are seeing a lawyer on Monday. A few days after the fence was moved (and after we told them we wouldn't be staying here) we did manage to find another home and will be moving in next month. But we feel like they terminated the lease by making such a major change to the yard. What do you all think??
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Old 03-21-2008, 06:09 AM
 
26,746 posts, read 41,084,728 times
Reputation: 14893
I'm not alawyer but using my instinct, I guess you are right. I do know sonmething about HOA and how they work. The owner didn't have an approval for the fence or the place the fence was going to be and were caught putting it up illegal or not at the spot it had to be and were ordered to remove it or replace it. To me the property you have rented is now a different property than when you leased it without you having done anything wrong. The owner is responsible for all their action and if you choose this property with the yard giving you the place that you needed as you described, to me you have all the right to move. I'm a Landlord and don't think Landlords are doing the right thing by treating tenats like this and also towards the community by doing this illegal thing. The owner has to know the HOA rules when he moved in that community, so no excuse for him. Good Luck. Maybe the Landlord can pay for your moving expenses as well. Than he will know better next time he wants to pull a thing like this.
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Old 03-21-2008, 06:35 AM
 
849 posts, read 3,266,909 times
Reputation: 199
Default Kay B

you asked what we think and unfortunately it's not what we think or even if we have the moral high ground it's what the law says. I think you are doing the right/smart thing by seeing a lawyer. The fact that you've had no response says a lot. This is why I recommended sending certified mail. It is definitive proof that you did everything you were supposed to do. Now these guys can say in court, "but Kay B never indicated she wasn't happy." How do you prove you did? Having a copy of something in your file is useless. I could dash off a letter to my landlord and file it right now. Doesn't mean I ever sent it or that they were aware of correspondence from me. If you get that green card back stamped refused, it's a whole lot harder for the landlord to deny your attempts. I always send things like this certified and when that green card comes back it gets stapled to my copy and filed as a hard copy not just a computer one.
This is a complicated issue because the landlord might have been in good faith with what they offered and only found out later that it was a problem. The compliance to HOA rules falls on them and it is they who can be severely penalized if they don't fix the problem. Still I think having "good faith" doesn't excuse someone. Perhaps they should have been duly diligent before turning the property into a rental. We all know that people fail to read ALL the covenants before they do things. Not everyone is like Bentleebee so we really can't say the landlord KNEW. Perhaps tho, you needed to be duly diligent before entering into a business agreement with someone when a third party, the HOA, was involved.
Have you read your lease carefully? Does it allow for early termination? Will you be doing well just to not have to pay a buyout let alone get moving paid for?

Let the lawyers sort it out because as I said, what anyone thinks isn't what matters. It becomes a question of, did moving the fence make it a different property or did you just fall in love with a property that met your needs and fail to do your due diligence?

When dealing with an HOA be careful, be very careful.


Quote:
Originally Posted by Kay B View Post
I have a similar question.... If you sign all the papers on a leased house and have been there about 2 months and then HOA says "Hey... previous owners fenced in part of common area" and then rental agency takes away 2/3 of the fenced back yard (moved back fence in) leaving just a small strip of "yard" behind the house.... can the lease be terminated???? We have a small child and 2 dogs and a BIG reason why we leased this home was because it had an adequate fenced back yard. Now.... we really struggle to even call it a yard. We ARE going to move and told them so immediately. There is no question that we can not continue to live here for another 10 months. We've emailed and called (the two methods of contact they listed) and have gotten NO response. We are seeing a lawyer on Monday. A few days after the fence was moved (and after we told them we wouldn't be staying here) we did manage to find another home and will be moving in next month. But we feel like they terminated the lease by making such a major change to the yard. What do you all think??
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Old 03-21-2008, 03:40 PM
 
Location: Riverview, FL....for now.
1,404 posts, read 5,254,800 times
Reputation: 476
I am not too sure, but I don't think they can do that, it may still be binding, even without your signature. Look at this website at the Fl. Statutes and see what it says-there will be something somewhere in regards to that...
Statutes & Constitution :View Statutes : Online Sunshine


Quote:
Originally Posted by Jack32 View Post
Just to clarify: I am the landlord and had a tenant try to teminate a lease after they signed and prior to my signing.
the delay is because I have a realtor do sreening.

Last edited by mquintana; 03-21-2008 at 03:43 PM.. Reason: Changed something
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