My question involves landlord-tenant law in the State of: Florida
I have been helping my friend out the short sale of her home for a year now. It was a very complex deal because both she and her exhusband were on the title, and the latter of the parties had $100K of liens on the property and wanted an additional $25K from the sale of the home.
I began renting the home from her almost three years ago as it was helping us both out due to the proximity to my job.
She had a party last year who wished to buy the property but then backed out because they couldn't meet her exhusband's terms. We signed a contract with a real estate agent who wasn't completely reliable but we kept him on due to our history of being friends with him.
April 2018 rolled around and I found myself drafting the necessary bankruptcy paperwork to save the home from a sale on the court house steps. Our real estate agent then advised us that he had a party that was willing to buy the home and meet both our terms as well as those of my friends exhusband. The potential buyer was really overzealous and determined to buy the property.
The deal was that he would take care of the sale of the property with our real estate agent, the exhusband's liens, pay relocation fees to both my friend and her ex and even pay me under a Cash For Keys type of deal upon vacating the premises.
During this process, the real estate agent at the time sent me a packet from the home lender for me to fill out as the tenant so that I would be made a party to the sale and subsequently be compensated for having to move during the middle of my lease.
Unfortunately we discovered that our real estate agent's license had lapsed and he was operating without. We had no choice but to let him go due to the nature of the deal as we were sure the lender would not want to work with an unlicensed agent.
So, the Buyer advised us that his mother-in-law would be taking over the reigns as the new agent for both the buyer and the seller. I was also advised that I should in no way disclose to the lender that I was tenant and that "he would take care of me" as the process would take much longer otherwise. The new agent was quite aware of the monetary arrangement but refused to discuss it with us.
The Buyer also drafted up agreements for both myself and Seller from his attorney which stated we would be compensated for two different amounts. Agreements which he subsequently backed out of stating that his attorney wanted no part of it because the deal was very complicated and "might go south".
Fast forward several months and after much work from all parties involved, the deal was struck. The house was Sold under the parameters that Seller received half of her payment from the Buyer up front and would receive the other half after moving out. I was only to receive my payment from the Buyer after I moved out.
The terms of the rental agreement after the sale of he home had been extremely modified from the original terms but the Buyer reassured us that he would once again 'Take care of us". The original rental agreement stated that we would have 60 days after the sale of property and that the money would be relinquished to us at that time. The Buyer came back with a 29 day rental agreement that he said was capable of extension if we needed more time which we currently do. He also stated that he could not list the Seller of the home on the rental agreement because it was illegal to rent a property back to the Seller after a Short Sale. I was to be the only party on the lease and she could live here as long as 'No one knows about it."
So upon the 29th day of the rental agreement the Buyer of the home asked why we were not moving even though he was aware of that I spoke to him at length 5 days prior that we may need a couple more days in the home due to medical issues. He then went on a tirade about he was losing money every day that we stay in the home and that he had scheduled a demo crew to come in to the home the after we moved and that would now have to pay the fees for their workday.
Mind you that this guy was supposed to walkthrough upon signing the rental agreement, which he turned into a pony show by bringing in his friends in to measure the space rather than take inventory, the A/C unit froze up a week after he closed on the home and we had to pay out of pocket for it, had both a contractor and inspector come over for total of six hours inconveniencing us with our pets. This is not to mention the constant texts and calls to me asking when I am moving out (at least 3-5 per week for the past month). It got to the point where I stopped answering his calls and have been addressing him only in email due to his "doublespeak". I do not trust him at all.
Now, it appears that the compensation that he promised was all lies. I am pretty sure it is going to come down to the eviction process this week.
So my questions are pretty simple. 1. Shouldn't my tenancy have been disclosed to the lender despite his promises? Is that illegal? 2. What is my recourse here? I have plenty of documentation and witnesses to his actions and promises.
I have been helping my friend out the short sale of her home for a year now. It was a very complex deal because both she and her exhusband were on the title, and the latter of the parties had $100K of liens on the property and wanted an additional $25K from the sale of the home.
I began renting the home from her almost three years ago as it was helping us both out due to the proximity to my job.
She had a party last year who wished to buy the property but then backed out because they couldn't meet her exhusband's terms. We signed a contract with a real estate agent who wasn't completely reliable but we kept him on due to our history of being friends with him.
April 2018 rolled around and I found myself drafting the necessary bankruptcy paperwork to save the home from a sale on the court house steps. Our real estate agent then advised us that he had a party that was willing to buy the home and meet both our terms as well as those of my friends exhusband. The potential buyer was really overzealous and determined to buy the property.
The deal was that he would take care of the sale of the property with our real estate agent, the exhusband's liens, pay relocation fees to both my friend and her ex and even pay me under a Cash For Keys type of deal upon vacating the premises.
During this process, the real estate agent at the time sent me a packet from the home lender for me to fill out as the tenant so that I would be made a party to the sale and subsequently be compensated for having to move during the middle of my lease.
Unfortunately we discovered that our real estate agent's license had lapsed and he was operating without. We had no choice but to let him go due to the nature of the deal as we were sure the lender would not want to work with an unlicensed agent.
So, the Buyer advised us that his mother-in-law would be taking over the reigns as the new agent for both the buyer and the seller. I was also advised that I should in no way disclose to the lender that I was tenant and that "he would take care of me" as the process would take much longer otherwise. The new agent was quite aware of the monetary arrangement but refused to discuss it with us.
The Buyer also drafted up agreements for both myself and Seller from his attorney which stated we would be compensated for two different amounts. Agreements which he subsequently backed out of stating that his attorney wanted no part of it because the deal was very complicated and "might go south".
Fast forward several months and after much work from all parties involved, the deal was struck. The house was Sold under the parameters that Seller received half of her payment from the Buyer up front and would receive the other half after moving out. I was only to receive my payment from the Buyer after I moved out.
The terms of the rental agreement after the sale of he home had been extremely modified from the original terms but the Buyer reassured us that he would once again 'Take care of us". The original rental agreement stated that we would have 60 days after the sale of property and that the money would be relinquished to us at that time. The Buyer came back with a 29 day rental agreement that he said was capable of extension if we needed more time which we currently do. He also stated that he could not list the Seller of the home on the rental agreement because it was illegal to rent a property back to the Seller after a Short Sale. I was to be the only party on the lease and she could live here as long as 'No one knows about it."
So upon the 29th day of the rental agreement the Buyer of the home asked why we were not moving even though he was aware of that I spoke to him at length 5 days prior that we may need a couple more days in the home due to medical issues. He then went on a tirade about he was losing money every day that we stay in the home and that he had scheduled a demo crew to come in to the home the after we moved and that would now have to pay the fees for their workday.
Mind you that this guy was supposed to walkthrough upon signing the rental agreement, which he turned into a pony show by bringing in his friends in to measure the space rather than take inventory, the A/C unit froze up a week after he closed on the home and we had to pay out of pocket for it, had both a contractor and inspector come over for total of six hours inconveniencing us with our pets. This is not to mention the constant texts and calls to me asking when I am moving out (at least 3-5 per week for the past month). It got to the point where I stopped answering his calls and have been addressing him only in email due to his "doublespeak". I do not trust him at all.
Now, it appears that the compensation that he promised was all lies. I am pretty sure it is going to come down to the eviction process this week.
So my questions are pretty simple. 1. Shouldn't my tenancy have been disclosed to the lender despite his promises? Is that illegal? 2. What is my recourse here? I have plenty of documentation and witnesses to his actions and promises.
Rental Agreements: Rental Agreement After Short Sale
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