Ask Me Help Desk - Fifteen Day Notice to Vacate

I have a 2 year lease which expires July 2015. It was signed by the owner but written out by the property manager at the time who no longer lives here or rents the apartments. The new property manager told me my lease was illegal because it was not initialed by the owner? I was then told my rental status was month to month. When I asked for such a lease I was ignored.
Today October 1, 2014 I was hand delivered a Fifteen Day Notice to Vacate "Florida Statues Section 83.03 (3)". It has a vacate date of October 15, 2014.
I am a retired senior in poor health with no transportation. I have never been late with my rent in 2 years. I also have a $500 security deposit which is documented on the lease they are saying is illegal? I need help!
My question is: 1. Do I have to vacate in 14 days? How do I get my security deposit back. Is what they are doing without any explanantion legal?
Thank you

They would have to take you to court, to do an eviction, this is the first step.

You notify them in writing, that you have a legal lease, with the owner of the properly and that they are to stop all ilegal eviction actions.

You also contact the owner and notify them, that their management company is doing illegal evictions.

If they take you to court, merely take the written lease, and show that you have it.

I would use a real estate attorney, and ask for any legal costs and damages because of their illegal actions.

Thank you for your quick response!So what you are saying is that I do not have to move out in 14 days. The rental agent would not even take my rent money. I have a feeing though that the owners are behind this eviction. I am the last tenant to live here that has a lease or a least thought I did.. They have converted all apartments to short term rentals for big money during the winter rental season in Florida. Might I add that I have also lived here for almost three years and have been an excellent tenant. I have poor plumbing and black mold growing in the closet of which I have asked for repairs going back 5 months.

Doesn't matter how long you have lived there. What matters is a written lease that is currently in effect. They can honor it, or they can buy you out of it early. With that said, when it expires, they can refuse to renew it and make you leave then.

I'd put the rent in an escrow account if they refuse to accept it. That way they can't claim you refused to pay, if they try to evict you in court you can say they refused to take the rent, you can prove its in an escrow account to be paid the minute they will, and you can present the court the proof you asked for repairs they refused to make. I hope you have written proof you requested the black mold repairs all that time. You can use it in your favor. Also I hope you got them to put some of their claims in writing. That's all stuff that you can use in your favor.

But get ready to move in July... they don't have to renew it then and they can make you leave then. Until then you have a good case against it. ANd they CAN'T do it without going through the court.

I'd continue to take the rent to them, along with a note you want them to sign if they refuse to take it.

It might be a good idea to contact the local housing authority about this, including the mold and plumbing issues..along with the rent being refused to be accepted.

Quote:

Originally Posted by smoothy

Doesn't matter how long you have lived there. What matters is a written lease that is currently in effect. They can honor it, or they can buy you out of it early. With that said, when it expires, they can refuse to renew it and make you leave then.

I'd put the rent in an escrow account if they refuse to accept it. That way they can't claim you refused to pay, if they try to evict you in court you can say they refused to take the rent, you can prove its in an escrow account to be paid the minute they will, and you can present the court the proof you asked for repairs they refused to make. I hope you have written proof you requested the black mold repairs all that time. You can use it in your favor. Also I hope you got them to put some of their claims in writing. That's all stuff that you can use in your favor.

But get ready to move in July... they don't have to renew it then and they can make you leave then. Until then you have a good case against it. ANd they CAN'T do it without going through the court.

I'd continue to take the rent to them, along with a note you want them to sign if they refuse to take it.

It might be a good idea to contact the local housing authority about this, including the mold and plumbing issues..along with the rent being refused to be accepted.

Thank you Smoothy for your response.
To back track a bit, My original 2 year lease that was written by the previous rental agent who was a great gal and very honest was signed by the owner but what he would do because he was living in another town was to sign many blank leases and leave them with this rental agent. After more than a year they are claiming it wasn't a legal lease because he didn't initial it? I'm confused.. is that a requirement? He certainly took my rent every month and knew about this lease and had a copy of it.
I will hold the rent money in an account. Should I then tell them I am not leaving in 14 days in writing? Don't they have to give me at least a month from the date the notice was handed to me?
With my poor health and little to no extra money I feel this is a desperate situation.
Thank you to all who are advising me!

Tell then in writing, that you have a legal lease. And you are not leaving, till the end of your lease.

Inform them to stop all harassment and illegal eviction process.
Keep copies,
I would hand them one, but also mail certified to both owner and management office

It does not matter, if the agent signed the lease, (if they had the authority) or if the owner signed it. or signed it before. You have a lease signed by the owner, and it would be valid.

Theorectically, if he gave the property manager blank signed leases, then he should initial them once completed. However, from a practical standpoint, the previous property manager was empowered to act for him. The fact that you were allowed to move in and rent has been accepted, is evidence that the lease was accepted. I can't imagine a court not siding with you, even in landlord friendly FL.

As I said FL is landlord friendly. FL law requires only a 15 day notice. However, notice is required 15 days prior to the end of the rental period. When is the rent due? If it is due on the first, then an October 15 vacate date is illegal. Also the 15 days applies month to month tenancies, though they are claiming that is what you are.

The first thing I would do is contact the office of FL's Attorney General, Elder Care division. Florida Department of Elder Affairs - Home. Do that today. See what help they can provide.

I would then write the following to the property manager sending a copy to the owner.

I believe that you are incorrect in stating that me lease is void. This lease was duly entered into by a bonafide representative of the owner and myself. I am confident that a court of law will uphold the validity of the lease. Therefore, I do not plan on vacating by October 15. If you proceed to pursue what I consider an illegal eviction, I will fight it with all the legal options available to me.

Do continue to pay your rent and if it is refused, put the money in a separate account.

Keep us posted on what their reaction is to the letter you send.

Quote:

Originally Posted by retiredgent

... My original 2 year lease that was ... signed by the owner but what he would do because he was living in another town was to sign many blank leases and leave them with this rental agent. After more than a year they are claiming it wasn't a legal lease because he didn't initial it? ...

They are full of hot air!

The owner signed your lease, albeit before you did. There is no law that says the owner must sign and initial a lease (unless specified in the lease itself).

Was the signature by the owner signed by two witnesses? Florida does have a law which requires that, for leases longer than a year and other documents concerning interests in real property.

I agree that the first things to do are to contact the state elder helpline (I opened the link to the page of phone numbers ( Florida Department of Elder Affairs - Elder Helpline ) and to put this month's rent in escrow with a lawyer. You bank might open an escrow account for you.

Do that before writing your response.

Quote:

Was the signature by the owner signed by two witnesses? Florida does have a law which requires that, for leases longer than a year and other documents concerning interests in real property.

I forgot about that. That could be the basis of declaring the lease invalid. If the owner signed blank leases, they were not likely witnessed. And since they were blank, when the previous property manager entered a term of 2 years without getting proper signatures, it MIGHT allow them to void the lease. I would still fight it as we have detailed.