As forewarned in the title, this is a complicated situation. I don’t know if any specific question will come out of all this other than, “What am I going to/should I do about this?” You’ll get the whole picture when I finish this ridiculous story. Apologies for it being so long.

Here goes:

In October of last year, my boss informed me that we’d be moving my segment of the company out West in 6 months. That means I’d have to find a short-term lease on an apartment, something that takes some doing in Tampa. My wife and I eventually found one, at The Grande Oasis, which is half apartment, half condo.

We signed the lease at the end of October, and on the day the associate who walked through the lease and signed with us informed us that the apartment was owned by an individual (rather than Atlantic and Pacific, the company that manages the complex), and that we’d be mailing rent checks to this individual, who lives in Orlando. Additionally, if any maintenance issues were to occur, we would need to make those requests directly to the owner, at which point the owner would notify Atlantic and Pacific, who would have the work done and, presumably, bill the owner.

As luck would have it, we noticed a plumbing issue in the bathroom in the first month. I called the owner, who, as it turned out, didn’t speak any English. I got this information from her son, who answered the number we were given, and who also didn’t speak a lot of English. I told him my problem, and he assured me he’d let his mother know. Unconvinced, I called the woman who signed the lease and let her know of the situation. This woman, who we’ll call Jill, told me that since we were in the first 30 days of the lease, they would repair the issue, but that any further requests would need to be made to the owner directly. Jill offered to translate for me, should this situation arise again.

The issue was fixed. The economy tanked, and my boss was now keeping my segment of the company in Tampa. My wife and I started looking at purchasing a house. All was well. Until a month ago.

At the point in which this occurred, our check for March rent had just cleared. We would now have one more month of rent to pay, in April and essentially two more months in our lease contract.

Honestly, three days later, the contents of the garbage disposal began spewing into the dish washer. I’m not a plumber, but I can only surmise that something is screwed in the plumbing between the two, since the disposal still appears to work, so long as we don’t run the dish washer (which makes terrible noises any time we run it).

So, I called the number we have for the owner of the apartment. Disconnected. I make a trip to The Grande Oasis’ sales office to see if I can’t retrieve more information on the owner. The sales office is reticent to provide me with any more information but, after pouring some honey on the situation, they give me all that they have, which just happens to be all that I have. Ok. I inform the office that I can’t contact the owner anymore, and there’s this problem in the apartment. The Grade Oasis essentially shrugs their collective shoulders and says, “So? We don’t have anything to do with you anymore, since you pay rent to the owner. The management contract passed from us to her. It’s her responsibility.” Hmmm.

I send my lease to my father, who’s a contract lawyer in Georgia. After looking over the lease, he can find no language in the contract at all that absolves Atlantic and Pacific from responsibility for me or the apartment. So we write some letters. We were going to put our notice out anyway, since we’re planning on buying a house, so 30 days notice goes into three envelopes: 1 sent certified to the owner of the apartment, 1 sent certified to Atlantic and Pacific corporate and 1 hand delivered to the office of The Grande Oasis. The second letter is an outlining of the issue at hand, regarding the plumbing and the inability to contact the owner for necessary repairs. Now, I should mention that I know it’s within my right to hire a plumber to fix the problem and then deduct that from my next month’s rent.

Here’s the issue: My rent is $905 a month and I’m sure fixing the problem is going to cost more than that. So, if I had it fixed, I’d come out of pocket over whatever I “deducted” from the rent.

So, now, it’s mid-March and we still haven’t even been able to make an offer on a house, which means we’re still, best case scenario, 30 days from closing on something. That’s cutting things mighty close and on April 30th, me and my wife are homeless.

What can I do? What should I do? What happens if, in the intervening days something that makes the apartment untenable occurs? Sure, I can vacate the apartment (I could vacate now, if I so desired), but that doesn’t change the fact that I have nowhere to go.

Too much background. Most ly unnecessary. Some of the issues don't really bear on others.

What I would do is look around for short term housing. Maybe a house sitting deal. Advertise on Craigs list offering your services. Put most of your belongings in storage or with family if you can.

It may cost you, but at least you will have a roof over your head.

Too much background. Most ly unnecessary. Some of the issues don't really bear on others.

What I would do is look around for short term housing. Maybe a house sitting deal. Advertise on Craigs list offering your services. Put most of your belongings in storage or with family if you can.

It may cost you, but at least you will have a roof over your head.

Hey, I appreciate the response. I imagine that would be too much background for someone who isn't versed in real estate law. However, someone who is a real estate or contract lawyer would need to know all that information, as I'm trying to determine if I have any legal recourse. But anyway, thanks, I guess.

I'm not really understanding your response here. Are you hinting that I'm not versed in RE Law? You are incorrect on both counts. I am sufficiently versed in RE Law and that someone would need all that backgound to help you.

The only salient fact in your post is that you have already given your notice that you are terminating the lease. Since you have done so, unless the landlord/mgmt company agrees to let you extend the lease on a month to month basis, then you have to leave when you said you would.

Since you are concerned about the maintenance of the unit, then it doesn't make sense for you to stay.

Your question was; "What can I do? What should I do?" I answered those questions with what I think is your best option.

The ONLY thngs you needed to put in your question was that your lease was exipring and you gave notice of vacating. That you are looking for a house, but that you haven't found one yet and don't expect to be able to close before your lease expires.

The issues about the landlord, mgmt com etc. are really superfluous to your question and those salient facts.

Hey, I appreciate the response. I imagine that would be too much background for someone who isn't versed in real estate law. However, someone who is a real estate or contract lawyer would need to know all that information, as I'm trying to determine if I have any legal recourse. But anyway, thanks, I guess.

Scott is very well versed in real estate law.

I'm very well versed in real estate law as well. And all of that information was unnecessary because it has nothing to do with where you're going to live between the time you move out of your rental and the time you close on a house. What type of legal recourse were you looking for? A judge will not find the property uninhabitable because the dishwasher didn't work so you're not going to be entitled to a refund of the rent you previously paid and you won't be entitled to stay there rent-free in the future.

As for your living arrangements in the future, here are your options as I see it:

1. Stay in your current rental as a holdover tenant. If the landlord wants you out they will have to provide written notice and then file a lawsuit for eviction. Hopefully within that period you'll be able to find a house and close on it. You'll still be responsible for rent while you're living in the rental.

2. Look for a new short term rental. Try contacting realtors who handle corporate rentals. There may be some corporations who are not filling their rentals at the moment and would appreciate some cash coming in.

3. Keep looking for a house and hopefully you'll find one and close on or before April 30th.

4. Keep looking for a house and if you can't find one or close by April 30th then move into one of those extended stay places.

Another possibility for a short term rental is foreclosed properties. Banks trying to sell foreclosed properties often want the properties occupied to protect the property from appearing abandoned and to facilitate them being shown.

Yes I will say that someone giving you a good answer, who is very well versed, is telling you, all of the bull leading up means nothing,

Does not matter about the original issue, Does not matter who speaks english, ( sounds like some prejustice that is uncalled for)

And honestly, the disposal is not an issue if you plan to move ( one is not needed or required to be fixed to live in apartment)

The plain and simple answer is you can remain after your lease as a month to month tenant unless the owner or management company wishes to give you notice and evict you.

Or you can store all of you belongings and live in a temp type housing for a month or two. This is actually very very common,

I'm not really understanding your response here. Are you hinting that I'm not versed in RE Law? You are incorrect on both counts. I am sufficiently versed in RE Law and that someone would need all that backgound to help you.

Your profile lists you as a computer expert, and your signature expounds on the technical books you've written. Given those items, and that your original advice was to, essentially, roll over, I'm not sure I can be blamed for assuming you don't have much in the way of legal experience. All apologies if my deduction was wrong.


The only salient fact in your post is that you have already given your notice that you are terminating the lease.

We've since spoken to a few folks who work in contract law here in Florida, and as it turns out, it's extremely salient that the management company, as per the lease, is responsible for the maintenance of this apartment and that their representatives here at the community threw their hands up, shrugged and said "We don't care."

The fact of the matter is, I'm shocked and amazed at the tone you people have taken on a website that is supposed to provide advice and help from "real experts". This question's been up for two days and in that time I've received nothing but snide, unhelpful remarks. I'd expect that on some random Internet forum, but this community is supposed to offer assistance, not sarcasm. Good Lord, forgive me if I thought that actual legal experts would want all the information regarding this situation; and forgive me, a decidedly non legal expert for not knowing what's going to be relevant and what's not.

And, finally, to the gentleman or lady who insinuated that I might be prejudiced: the fact that the landlord didn't speak English was only included to demonstrate the difficulty in making maintenance requests. That's ridiculous and that is certainly not relevant.

I'm not a legal expert but as far as being homeless, 1. You're not broke (I'm assuming since you are purchasing a home). So it's not like you'll be thrown out with no money and nowhere to go (that's being really homeless). I'm not being rude, I'm just saying there is a bright side to this.

As far as what to do. House sitting is a good idea. Also look at some hotels/motels in the area. I know some here that have month to month or week to week that you can stay in and it's a lot cheaper then paying nightly. That way you won't be under a new lease or have to worry about plumbing, fixing things etc. I'd look for one with a kitchenette. Try any of the websites that get the best deal for hotels/motels. Even if it's not a "great" hotel as long as you're safe and able to live in it then it's much better then being homeless. Find a nice secure place to store your items and treat it as a vacation or holiday. Look at the bright side, you're going to have a home, you have the money for a home and you're staying in a "unique" spot until you get one. You'll enjoy and appreciate that house even more.

As far as any legal rights of them fixing your apartment, try looking on your states .gov page. Mine has details on tenant rights. Would your relative that has expert in contract law know if you could sue them if they didn't fix the apartment or if you fixed it, could you get your money back? I know in my state (maine) if you go to their website it gives details of how to get your landlord to fix things and what happens if they don't. I have used that website and handbook many of times to educate my former landlord.

Again I am not trying to be rude, I know I am not a lawyer, I'm just saying look at the bright side. Imagine if you had these problems, they wouldn't fix them and you had nowhere else to go because of lack of money. Look at the next homeless person you see or the next homeless shelter you drive by and be thankful that you can afford a home. Many can't, many are losing their homes. There is always a silver lining in the clouds.

Hey, I appreciate the response. I imagine that would be too much background for someone who isn't versed in real estate law. However, someone who is a real estate or contract lawyer Hello parker:

For someone who is interested in information, you did come off as rather snide to someone who's only offense was to volunteer his services...

I can only imagine what you would have said to me... And, I know my real estate law too. We ALL do here.

In terms of what caused your problem in the first place, it might be instructive to review how you handled THIS forum... You did NO due diligence, or you would have found out that Scott is one of our top advisers. Had you done your due diligence on the condo, you would have found things out that might have prevented you from renting in the first place, like your landlord didn't speak English.

Due diligence is doing your homework behind the scenes, so you don't look like a buffoon in FRONT of the scenes. You didn't do that on EITHER count.

excon

Your profile lists you as a computer expert, and your signature expounds on the technical books you've written. Given those items, and that your original advice was to, essentially, roll over, I'm not sure I can be blamed for assuming you don't have much in the way of legal experience. All apologies if my deduction was wrong.

Yes I am listed as a Computer Expert, but that doesn't mean my knowledge and experience doesn't extend to other areas. If you had checked out my answers in this and other forums, you might have avoided putting your foot in your mouth. I AM sure that you can be blamed for your attitude here. Rather than rejecting what I said, because it wasn't what you wanted to hear, you should have checked the validity of the advice, which I stand by.

As I noted, you asked what you can and should do. That was your question. Based on what you posted, I answered those questions. If you can show where my answers where wrong based on the law, please do.


We've since spoken to a few folks who work in contract law here in Florida, and as it turns out, it's extremely salient that the management company, as per the lease, is responsible for the maintenance of this apartment and that their representatives here at the community threw their hands up, shrugged and said "We don't care."

Salient to what? If you were going to extend your lease or if the maintenance issues were such as to make the unit unihabitable so that you want to get out of your lease early, then yes that would be salient. But that's not the case here according to you. I'm not even sure that the advice you are getting about that is correct. It would depend on the wording of the lease as well as the contract the management company had with the unit owner.


The fact of the matter is, I'm shocked and amazed at the tone you people have taken on a website that is supposed to provide advice and help from "real experts". This question's been up for two days and in that time I've received nothing but snide, unhelpful remarks. I'd expect that on some random Internet forum, but this community is supposed to offer assistance, not sarcasm. Good Lord, forgive me if I thought that actual legal experts would want all the information regarding this situation; and forgive me, a decidedly non legal expert for not knowing what's going to be relevant and what's not.


Finally, your characterization of the advice you were given is way off base. My response, was neither snide nor unhelpful. I was simply pointing out that there was too much info here for future reference. Its often difficult to balance that issue. Too little info and we can't provide good advice. Too much info and people don't bother spending the time to read it. What facts you provide should have a bearing on your question. And many of them didn't.

You then responded with a snide comment. The snideness began with you, not us. Do you really think we were not justified in our reaction when you attack one of the regulars without justification? Yet even after you fired the first shot, we still continued to offer advice on how to deal with this.

So, if you don't like the reaction you have gotten here, its your own fault for the way you have responded.

The bottomline here is that the maintenance issues come into play only if you planned to stay or wanted to get out of the lease early. If that had been the case, I would have answered differently. But you said you had already given your notice. This means you would have had to get permission to rescind that notice and stay. Based on what you said, I didn't think that was going to happen. So my advice was centered on where you go from here, hence my advice to find short term housing. I stand by that advice.

Now, if you want to apologize for your attitude and insults to this community, we can put the past behind us and go forward. Otherwise I will simply wish you good luck.

Lining up on the side of "why did you post here if you don't want the answers?"

You are WAY out of line here - pay an Attorney (whose advice you probably won't believe anyway) and stop alienating people trying to help you. You father is a contract Attorney - ask him. He must know at least one other Attorney.

Scott is correct - much of what you posted is not necessary or pertinent. Neither is what you had for breakfast but at least you didn't post that.

Note that the experts on the board are not having the legal problems you are having - I think that says something.

Anyone who has ever owned and operated a dishwasher knows that you do NOT run the disposal at the same time. And you think this is a plumbing problem? No. Both machines empty out into one disposal waste pipe.

You are just looking for a way to weasel out of your lease and the dishwasher and disposal is not cutting it.

And as for being "homeless". Don't think so.

You are just upset that no one kisses your patootie and comes running to fix something that isn't broken. And having to "fix" the problem and have it cost $900, are you for real or what?

Ask your daddy for an attorney in Florida. There is one on every street corner there.

P.S. Scott knows his RE law. So does Chuck, Judy and Lisa. And Excon for that matter (not that I'd forget you Exie on that topic). And so do I.

You've gotten some great advice, now run with it.

*** He is not really sorry, wrote a lot of insults before saying they are sorry, *** was going to just delete this post, but thought I would leave it edited out
FR chuck



That being said, I'll offer it again: I'm honestly very sorry for having insulted your real estate knowledge. It really, really wasn't my intention.

Hello parker:




Due diligence is doing your homework behind the scenes, so you don't look like a buffoon in FRONT of the scenes. You didn't do that on EITHER count.

Excon

Okay, you made me laugh again. Thanks a bunches!:D