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aaa030506 · Sep 7, 2007, 07:43 AM

I rent in Florida. I have a standard one year lease with a 15 day cancel clause. The house has been for sale. I heard through a friend that the place sold. I called the landlord who said they had indeed signed a contract. Then he called me a couple days later and stated that the people were trying to close on 9/20 and if I could have myself (and my 3 small kids) out by then he wouldn't make me pay sept's rent. Then he came by a couple days later to cut the grass and told me the people want to move in on the 14th. "They're trying to close on the 14th, so I’ll help you move Wednesday night….” and he kept going on and on about how he’s trying to do everything he can to help me out. He has not notified me at all in writing as the clause states. These people are “friends” but they seem to enforce the lease only when it’s convenient for them. As such, they let an appraiser go into the house without notice to me – and certainly without my knowledge. I have always allowed them to show the place, but they would come in prior to the showing to clean up and rearrange things. They took things out of my son’s closet and moved them to a different closet, moved furnishings around. At any rate, I feel violated at every turn. Now they are just trying to put me on the street. I am not sure that the bank knows the place is being rented. What about the pesky tenant at closing? The buyers know I am there but think it’s a simple task to just have me gone. Would I be within my rights to force them to buy me out of my lease? I now have to come up with money to move and deposits, etc. Why should I have to go into debt because they don’t want to honor the lease? Any help is appreciated! Thank you!

Emland · Sep 7, 2007, 07:51 AM

I can't say for Florida, but in Virginia, a new owner has to honor the lease. Check the renter's law in FL.

ScottGem · Sep 7, 2007, 08:15 AM

Originally Posted by aaa030506

I have a standard one year lease with a 15 day cancel clause.

What exactly does that clause say? I've never heard of such a clause and am really surprised you signed a lease like that.

I'm sorry, but I cannot work up much sympathy for you. You have been told that the house is being sold and the new owners want to occupy it. So you should have been saving money for moving and looking for a new place. Especially with a 15 day cancel clause.

Now the only thing you have going for you is the wording of that clause. If there is a requirement that you be informed in writing of the termination of the lease at least 15 days before, then you can force him to give you that notice and postpone your move out date that far. Forget a buyout, if he has a cancel clause then he has no need to buy you out.

There is no illegal eviction here. That cancel clause probably gives him the right to terminate the lease with 15 days notice. If you refuse to leave, then he or the new owners have a right to evict

aaa030506 · Sep 7, 2007, 10:15 AM

I don't want sympathy. It's just that he has used the friendship to violate my basic rights and enforced the lease when it's convenient for him. He never provided me a copy of the lease after we signed it - saying he would bring me a copy and never did. Now I just asked him for a copy and he won't give it to me. Wants to know why I want it. I just want things done properly. He thinks telling me, with his wife as a witness, is sufficient. And I believe the lease states a written notice is required. I'm only trying to do it the way it is supposed to be done and he's haggling with me. It's just annoying. He thinks by yelling at me he'll intimidate me enough to just leave. I WANT to leave and get out from under the open houses and constant showings. I'm glad they sold their house. I just want what I am entitled to under the terms of my lease. I am just furious right now that he is trying to be underhanded about it. And never told me he had a contract on the house - I found out from a mutual friend. He's just being sneaky and it isn't right. I appreciate your comments and thank you for taking time to respond.

ScottGem · Sep 7, 2007, 10:52 AM

Here's a link to Florida's Residential Tenant laws:
Statutes & Constitution :View Statutes : flsenate.gov

I can't find anything in there that requires the landlord provide you a copy of the lease. However, if the landlord refuses to provide such a copy, you can thell them that, without a copy of the lease I must go by the letter of the law.

You said you had a 1 year lease. According to 83.57 and 83.575 the law requires notice of 60 days prior to the expiration date of the lease that it will not be renewed. Therefore, your response to him is unless he provides you a copy of the lease showing that he has the right to terminate the lease prior to its expiration date, you are standing by the law and plan on staying until the expiration date. As long as you pay your rent, neither he nor the buyer can do anything about that. That might force him into a buyout since it may quash the sale.