[ringoslade]

I recently rented a home or so I thought. I signed a lease gave them 1st and last and security deposit, they cashed my check. 8 days before I am to move in they call and say they sold the home. I live in Florida. I don't know if this has anything to do with it but, I handled everything myself and signed lease and then when my girlfriend went in(she is puerto rican I am white) the homeowner calls a week later asking about references and credit status, I might mention 10 days after my check is cashed and lease is signed. The homeowner lives out of state and the rental company, which her family owns handled everything.

[rockinmommy]

So you have a signed lease? If so the new owner has to honor it!

At the very least you're entitled to a refund of every penny you paid them. Have you asked for all of your money back, and what have they said?

What does the lease state about default by the owner or anything similar to that?

Karla in TX

[ScottGem]

I'm confused, your g/f's family owns a rental brokerage? You went through them to find a rental home. They found this house. They contacted the owner and you both signed a lease and you paid 1st, last and a security deposit. Then your girlfriend "went in" (went in where?? ) and a few days later the owner asks for background checks. Then a few days prior to move in, the owner calls and says the house has been sold. Did they close the sale or just go to contract?

[rockinmommy]

I'm confused, your g/f's family owns a rental brokerage? You went thru them to find a rental home. They found this house. They contacted the owner and you both signed a lease and you paid 1st, last and a security deposit.

No, silly... the homeowner's family owns the rental company. He leased the house and when his (Puerto Rican) girlfriend showed up they started asking questions that they hadn't brought up prior to him signing the lease. I think he's questioning if there could be an aspect of discrimination going on.

The issues, as I see it, is that they sold a house that is leased to him. He can either continue to lease it from the new owner or attempt to get out of his lease.

[ScottGem]

No, silly.........the homeowner's family owns the rental company.

Ahhh, that would make it make more sense.

If that's the case (the homeowner's family runs the rental company), and the lease was signed by both the renter and the homeowner then here is what I'd do.

I would contact the homeowner and tell him that since I have a signed and executed lease, I'm going to move in according to the terms of the lease. According to the law, when a property encumbered by a lease is sold, the buyer is bound to honor the terms of the lease.

However, if you (the homeowner) wishes to terminate the lease, I would be willing to allow you to buy me out of the lease for (lets say) 2 months rental plus the return of all monies paid.

If you refuse to either pay this amount or turn over the keys by the start date listed on the lease, then I will be forced to seek legal remedies. Such remedies may include filing a discrimination in housing suit.

If this homeowner is smart (and if he really has a buyer). He will pay the buy out.

[ringoslade]

I left out the best part. The house has a Pool, I have already purchased patio furniture and expensive pool floats and I am sitting in a house now where everything is packed in bins and my 12 yr old is registered to go to school 50 miles from here in another school district. I want payback! I was suppose to move in on the 1st.

[ScottGem]

On Aug 1? Or Sept 1?

If Aug 1, then your window of opportunity has passed to some extent and you will probably need to sue the owner for breach of contract.

If Sept 1, then do as I suggested. As far as you are concerned you have a signed and executed lease, therefore you want the keys so you can proceed to move in. Send the letter I suggested by overnite mail to the homeowner with a copy to the rental company.