[fr4nks1n4tr4]

I live in Florida, but I've had trouble trying to find an answer for my specific situation. I'll try to explain my problem as best as possible, though I'm not quite sure I can. My brother and I originally signed a 1yr lease for $825 a month, but were than offered the option of "rent to own". We decided to go for it, and so we signed a new 2yr lease for the rent to own option, which meant we would pay $1000 a month. From that $1000, $825 would be towards rent and the other $175 would go to a separate account which would be used towards the closing cost if we chose to buy after the 2yrs. We also had the option not to buy within those first two years but we would forfeit any of the money that went into the separate closing cost account. After 9 months we decided not to buy the apartment because of our neighbors, they're constantly throwing parties and playing their music late into the morning hours. Now we're OK with the landlord keeping the extra $125 a month we agreed to, since it was part of the lease. Now(finally) one of the questions I have is, since we are no longer doing the rent to own option should we have had to sign a new lease? Because now since nothing is going towards the closing cost we're only paying $850 a month. Also because of the distance between where we live and where the Realtor is located, we had to mail the second lease to them and they were supposed to sign off on everything and mail us a copy. Now she never sent us a copy even though we've asked for a copy, so all I have is the first rental lease we signed.

Secondly, since we chose not to buy the landlord put the apartment back on the market and is trying to sell it. They supposedly had a buyer and told us they would allow us to stay through February for free, so we could use the money we saved towards a new place. Now today the Realtor called and said the buyer decided not to buy, and that we were now not allowed to move because our lease isn't up. I would like to know if it's OK for them to sell the apartment and make us leave even though we have a supposed 2yr lease, but it's not OK for us to leave on our own. I hope this makes sense, and I really hope someone can offer some help. Thank you in advance!!

[Fr_Chuck]

Ok, you are bound by the rules of your last written lease,
What ever it says is what you are bound to. And honestly you are lucky they let you out of the 2 year year lease ( assuming they are) since you should be required to stay there for 2 years and decide at the end of the 2 years if you buy or not, not decide somewhere between.

So if they let you out and let you sign a new lease for lower amount, then great. If they let you out ( get it in writing) and let you stay there month to month, that is great.

But you can not break the lease without their permission, and they can't break the lease either without yours.

With a written lease in place, if they sell it, the new owner is required to honor it.

[fr4nks1n4tr4]

so if they let you out and let you sign a new lease for lower amount, then great. If they let you out ( get it in writing) and let you stay there month to month, that is great.

Thanks for the quick reply,

The option not to buy was in the lease as long as it was done within the first 2yrs but we would forfeit the $175 that we were paying towards the closing cost. The Realtor still hasn't sent us a new lease to sign, or even sent us a copy of the second "Rent to own" lease which she said she would do. She had us sign papers saying we weren't going to buy and than she called us and told us to pay $850 a month. I'm not sure where the $850 came from since rent was supposed to be $825 a month if we were only renting and not buying. Thanks again for the quick reply.

[Fr_Chuck]

My guess 850 was the new rent price they figured they could get if they were doing a new lease ( but just a guess)

Without looking at the old lease it is hard to say if just not buying ended the lease or just ened the to buy part of the lease.

If they accepted this and agreed to end the entire lease, which it does sound like, ( but not in writing) you would be at this time on merely a verbal month to month rental.

Sounds like the owner is wanting to sell, so they don't want to commit to a long term lease just in case a buyer shows up

[fr4nks1n4tr4]

Thanks again for the quick reply, I'm trying to get a hold of the Realtor and get a copy of that second lease. Not sure if anyone knows the answer to this, but is there a way to deal with the landlord or do I have to keep working with the Realtor?

[Fr_Chuck]

If the owner has made the realtor his agent then that is who you are suppose to deal with, but nothing says you can't call the owner direct and talk to him