The search is over and you have finally found your next rental property to call home. You pay your future landlord a hold deposit to reserve the property and are just about ready to sign the lease when you receive a notice. The landlord has decided not to rent to you, but instead has decided to sell the property. Can the landlord legally keep your hold deposit despite being at fault for backing out of the deal?

When it comes to any disagreement between a landlord and a tenant, a complicated situation can arise quickly and often money is on the line. Like most legal situations, it is advisable to consult with an attorney, but often, the money in question may be less than what you would end up paying in attorney fees. This is frequently the case with hold deposits.

A hold deposit is an amount of money paid by the tenant to the landlord in order to reserve the property until the tenant is able to move in. This type of deposit is often used when a tenant finds a property they like but are unable to move in right away. When the lease is finalized and the rental period begins, the landlord then must use the holding deposit to put towards rent or a security deposit.

In the event that the tenant chooses not enter into a rental agreement with the landlord, the tenant forfeits his or her hold deposit. In other words, the hold deposit is meant to protect the property owner from any loss sustained from taking the rental off the market if the tenant fails to follow through with the rental.

It is evident then that the landlord does not have the legal right to the hold deposit if he or she terminates the hold. There are a few exceptions, however. Any time a hold deposit is made, the landlord and tenant should both sign an agreement. This agreement should list any and all reasons the landlord would keep the deposit. If the agreement were to include a stipulation stating “the landlord should keep the deposit should the property move from rental to sell”, then by all means, yes the landlord can keep the deposit. While each case differs individually, in the majority of cases, if a landlord decides to terminate a hold and instead sale the property, the landlord cannot legally keep the hold deposit.

Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

For property renters, there may come a time when you want to end your tenancy before the end of your lease. You may have a family emergency, need to relocate for a new job, or find your living situation no longer suitable. Although leases usually last for a set term and require a certain notice period, you may not be out of luck if you need to break your lease early.

One of the best and easiest ways to initially address this situation is to talk to your landlord. If you explain your situation, your landlord may be willing to let you leave without the proper notice. However, if your relationship with your landlord isn’t so amicable, there may be legal remedies available to help you leave without 60-day notice. The worst-case scenario may be that you will owe your landlord rent to cover the time period between when you give your notice to leave and the required 60-day notice.

If you can’t afford to cover this cost, retaining an attorney who is experienced in landlord-tenant agreements can help you get out of your lease without breaking the bank. Each jurisdiction has different landlord-tenant laws and requirements for ending a tenancy, so an attorney can provide you with information you need to handle your particular case.

For example, in most jurisdictions, your landlord is required to take reasonable steps to re-rent the property and credit that rent towards your remaining balance. Additionally, there are legally justifiable reasons for you to break your lease without giving the required notice. These reasons may include the landlord’s failure to maintain fit and habitable housing or substantial destruction of the property.

Moving out of a rented apartment or house quickly is stressful enough without having to fight with your landlord. Whether you are legally justified in breaking your lease or not, an attorney will be able to assist you in getting out, so that you can move on to your new home.

Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

A landlord may apply the security deposit to their actual lose from a tenant violating their rental agreement. The details for when a landlord can withhold a security deposit should be stated in the rental agreement.

There are a couple situations where a landlord may keep a tenant’s security deposit. The first is when there is an early termination of the lease. If a tenant breaks their lease, the landlord may keep part, or all, of the security deposit as stated in the lease and laws of the state you live in. If the lease includes an early termination clause than the tenant will have to abide by those terms.

Secondly, a landlord may keep the security deposit in the case of nonpayment of rent. When a tenant fails to pay rent, it is considered a breach of lease and the landlord is able to keep the security deposit to help soften the blow of the rent lost.

In addition, a landlord may be able to keep the security deposit to fix damage to the property that is beyond the normal wear and tear, which depends on how long you lived in the unit and what types of repairs are typical for that amount of time. Examples of damage would be large holes in the wall, huge stains on the carpet, broken doors or windows, and keys not returned at the end of tenancy.

Next, cleaning costs are another reason the landlord may be able to keep the security deposit. Landlords are expected to clean the unit before the next tenant moves in and if the cleaning that needs to be done is excessive then the landlord may keep the security deposit to use toward the cleaning fee.

Lastly, a landlord may be able to keep a tenant’s security deposit to pay for any utilities that the tenant neglected to pay even though they were required to pay them as a part of their lease.

These are some examples of situations where the landlord may be able to keep the tenants security deposit. Be sure to read your lease carefully and have everything explained to you so you know exactly what you are getting into so you aren’t caught of guard at any time.

Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

Are you a month-to-month tenant renting a home that is in a pre-foreclosure and wondering what will happen next? Although these answers are generally more accurate when looking directly at your case, here are some of the basic facts that can hopefully paint you a clearer picture of the next steps.

First off, one of the most important things to know is the “Protecting Tenants in Foreclosure Act of 2009”. Before President Obama signed this act, most renters would lose their leases after a foreclosure; however, this legislation states that leases can stay intact.

There are two options available; the tenant can either stay until the end of their lease or month-to-month tenants are entitled to their lease for 90 more days before they are required to move out. This is a great benefit to tenants because this 90-day notice period is longer than any state’s non-foreclosure notice period, this gives the tenants time to find another place to live.

Here is some other important information that you should be aware of. If the buyer intends to live on the property, then they have the right to terminate the lease with a 90-day notice. In these cases, if state legislation is more generous to tenants, federal law will not overrule the state law.

In addition, those who live in a city with rent control “just cause” eviction protection are also protected. A change in ownership does not automatically justify a termination, and the fact that the change happened through a foreclosure does not make it any different. Tenants in these cases should look at their city’s ordinances list of allowable, or “just causes” for termination so they are aware of where they stand.

If you find yourself in this situation and you are unsure what do to, don’t be afraid to speak to an attorney. They have the knowledge and means to help you figure things out and they will help you better understand the whole process and each individual step.

Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

A superior lien is a lien that takes precedent over all other liens, if it is in accordance with the state statue. These liens are given higher priority and that will play into how things are handled when dealing with liens from different sources.

HOA assessment liens are liens on a homeowner’s property if they become delinquent in paying the monthly fees. In regards to HOA assessment liens, a superior lien is the portion of the lien that is given a higher level of priority than the others, even the first-mortgage holder. Because of this, the interest of the HOA is placed in front of the first mortgage.

About twenty states have laws that give HOA assessment liens superior lien status under certain conditions. In the state of Florida, a purchase money mortgage is superior to other liens, except those issued by a government agency.
A tax deed sale will extinguish the HOA lien; however, a mortgage foreclosure, while wiping out the lien, will not terminate the debt because it is protected by statute. Due to the statute, the liability of the mortgage is limited to 12 months, or one percent of the mortgage, and anyone taking title in a HOA foreclosure will take it subject to the mortgage and any tax liens.

Justification for the HOA having a superior lien status of their assessment liens is that the HOA helps to preserve the community and the superior liens help ensure that the HOA receives the funds they need to do so.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

Landlords are required to keep security deposit funds in a separate non-interest-bearing account in a Florida bank. The landlord can’t commingle the security deposit funds with any other funds nor can they use the funds until they are actually due to the landlord.

Naturally, the landlord can’t mix the security deposit funds with their own money since the money does not belong to them. It is a loan to the landlord while the tenant is living on property and they either keep it in a safe or a separate non-interest-bearing account. When the tenant’s lease is up they return it to the tenant or they use it at a time where they need to offset damages. It is the landlord’s responsibility to keep the security deposit, usually one or two months’ worth of rent, safe.

Also, the landlord should disclose with you the bank where the security deposit is being held. If you pay a security deposit, be sure to obtain a receipt so that you have proof of payment in case you ever need to present it.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

When you see an LPHI charge on your mortgage statement, it likely stands for Lender Placed Hazard Insurance. Your mortgage company will buy insurance on your property if you don’t have it, or if what you have is not enough. The purpose of this insurance is to protect the lender’s financial interests if some kind of catastrophe occurs and your home is damaged or destroyed. The lender wants to be able to count on your home loan being paid.

Usually, homeowners are responsible for getting their own homeowner’s insurance in order to cover all possible hazards. If you have an LPHI charge from your mortgage company, you should try to find your own insurance because it will likely be cheaper. If you do have insurance, talk to your lender about why they have placed their own insurance on your property. It’s possible they simply have not received proof of your coverage, or perhaps the coverage you have purchased is not adequate to meet their requirements.

This type of lender-initiated cost should not come as a surprise to you. Mortgage companies are legally required to inform you when they order this type of insurance policy. If you did not receive any notice from your mortgage company, you might want to contact a real estate attorney for some advice on how to proceed.

Also called a forced-place insurance policy, LPHI charges will be added to your monthly mortgage payment. That means on top of the principal, interest and any escrow tax payments; you’re also paying for your mortgage company to insure your house. This isn’t an ideal scenario, so see what you can do about getting your own hazard insurance up to date so the LPHI charge disappears.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

Usually, when a homeowner buys a property in a specific community, such as a gated country club community that provides amenities like golf and tennis, paying for an equity ownership is required. However, each locality and every property association is going to have a different set of rules. The quick answer to whether you have to pay equity ownership in the community where you’re buying a home is yes. Even if you’re purchasing a foreclosure property or getting a great deal in a short sale and you’re mostly interested in the property and not so much in the country club, you’re still responsible for the requirements of that community.

If you’re an investor or you’re planning to rent out the house or flip it for profit, you’re still going to have to pay for that equity ownership in order to access the title to the home you purchased. Take a look at the bylaws or the rules and regulations of the country club before you close. The stipulations must be clearly defined and spelled out somewhere. It can be frustrating to have to pay for equity ownership in a community that you don’t actually plan to live in. However, that could be included in the terms of the sale, and you’ll want to know that for sure before it’s too late.

Talk to a lawyer if you think there’s a case to be made. Lawsuits have probably been filed in your jurisdiction around this issue, and if a precedent has been set, you’ll likely be required to follow it.

Stephen K. Hachey, a Florida foreclosure attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

When you receive an order strike notice for trial, it means that the trial that was scheduled has been postponed. This usually occurs when one of the parties involved in the court action files a motion to get the trail date re-scheduled or delayed for some reason. It’s an order that is common in foreclosure cases, domestic and custody cases as well as other criminal and civil proceedings. If you are not already represented by a qualified and experienced attorney who specializes in real estate and foreclosures, you should consider consulting one. Legal terms can be confusing and overwhelming on their own, and they often have specific and nuanced meanings depending on your particular circumstances and the type of case you are involved with.

When there is an order strike notice that is not the result of a plaintiff or a defendant filing a motion, it’s possible that the judge issued the notice on his or her own. When a case is considered not ready for trial, the initial trial date can be put off. This might happen if there is some sort of disruption between the discovery phase and the actual court trial. If new evidence is discovered that might change the case or one side loses counsel, the court can decide to issue an order strike notice to delay the trial until everyone is prepared and the case can move forward.

If you receive an order strike notice for a trial you were expecting to start, talk to your attorney or contact the clerk of the court for further explanation. This will impact the timing of your case as well as other details involved, and it can be frustrating if you were expecting things to happen quickly and efficiently. To decrease the chance of additional surprises in the future, get an attorney to move forward.

Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

Per Florida law, property-owners must give tenants notice to vacate before carrying out an eviction. In Florida, the three-day Notice is the most commonly applied method of serving formal notice to evict when tenants have defaulted on their rent and Florida statute provides a strict format for what defines a legally sufficient three-day notice.

Any number of things can render a notice defective: if you are demanding an incorrect amount for rent; if the notice includes late fees, but your lease agreement makes no mention of such fees; or if the notice fails to give the tenant proper grace period, your three-day notice is defective. Many property-owners attempt to carry out evictions on their own and often fail to follow proper legal procedure when drafting the notice, which often results in a flawed document that renders their eviction suit legally insufficient.

Recent legislation states that in cases involving a defective notice, landlords may be granted leave to amend the notice and continue eviction proceedings once the notice is revised. All the same, because the burden falls to you (the property-owner), a faulty notice will delay your case and may still end in dismissal, which can result in additional costs exceeding three times the amount of the defaulted rent in damages and legal fees payable to your tenant.

If you are a landlord struggling with a tenant refusing to pay rent, it is wise to seek legal counsel prior to making any moves to evict the tenant on your own. Though it may seem simple, drafting a document which accurately protects your legal interests can be quite complex. Consulting with an experienced attorney will ensure that your three-day notice is legally precise and that your rights are adequately protected.

Stephen K. Hachey, a Florida real estate attorney can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.