Florida law dictates that your landlord cannot alter your lease before it expires without a valid reason. Your lease is a legal, binding contract and save for special circumstances, if that contract is valid and has not expired, your landlord generally cannot force you to sign an agreement changing its current terms. As an example, if utilities are included in your rent under the terms of your original lease agreement, your landlord cannot charge additional money to cover utilities while your lease is in effect.
Whether or not your landlord has standing to change your contract may also depend on the nature of your lease. Under a month-to-month agreement, for example, it may be possible for your landlord to amend the terms of your agreement; however, your landlord may not change the terms of your lease without first issuing at least 30 days’ notice. Whether annual or month-to-month, your landlord is unable to make any substantial changes to your lease agreement prior to the contract’s expiration date or without your express consent.
Though lease agreements are not always written, it is in always in your best interest to have an official written contract. Any alteration to your lease thereafter must be in writing and must be properly signed by both parties. Remember, both you and your landlord are bound by the lease agreement until its expiration date. If your landlord has unexpectedly altered the terms of your lease without notice or consent, consult an experienced real estate attorney in order to ensure that you’re being treated fairly and that your rights as a tenant are 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.
Although buying a house already sounds scary, your heart might drop a little bit when your lending doesn’t go through. The question that people ask themselves is, if I am trying to buy a house from HUD and the lending doesn’t go through, am I responsible for the title, lean, and survey search?
The hard to find answer is that you pay for the pre-paid items and that the title company will eat the rest of the costs. So a few things you will have to pay for is the appraisal, any fees paid to the lender for credit reports, and the first year’s insurance premium.
Most relators won’t willingly bring up this conversation, so ask them up front about it. If you had any misconceptions or just weren’t sure, they would be able to clear everything up for you. Remember to ask early in the process.
Since HUD is the property owner and is offering the house for sale to recover the loss of the foreclosure, they will make sure they get their money one way or the other. HUD does not offer direct financing options, so know that you are on your own for that. You may qualify for an FHA-insured mortgage to help you finance your purchase, and the FHA also offers some special discount sales programs for teachers, police officers, and others if you meet the qualifications.
Overall, the best advice is to ask questions. Do your research: talk to your relator, your friends and family, and be upfront and honest about your questions and concerns.
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.
Purchasing a home at auction can be a profitable investment, but many would-be buyers are not aware that buying property is only the first step to possessing it. If you recently purchased property at foreclosure auction, then you may be surprised to find that the previous homeowners have not vacated the premises since the foreclosure sale took place. That’s because under Florida law the homeowner is now your tenant and is not required to move until you begin a formal eviction process.
How Do I Evict?
Ten business days after the foreclosure sale is successful you will receive a certificate of title (which grants you title to the land, the home and anything permanently attached to it), at which point the state of Florida requires you to apply for a writ of possession if you wish to evict the previous owner. Once the writ is granted, a sheriff will notify the previous owner (now technically your tenant) that they’ve been divested of the property and are expected to leave the premises within 24 hours.
What Stays Behind?
The tenants are not allowed to take with them anything that is not considered a personal item from the property. That is, all items that are affixed to the home such as built-in cabinets, permanently attached light fixtures, etc., must remain with the property. Items such as movable furniture and appliances, however, are considered personal property and may be removed by the tenants upon eviction.
Things to Keep in Mind
Prior to the foreclosure sale, the current homeowner remains vested in the property unless they voluntarily abandon the home and the lender swoops in to repossess it. The homeowners are not required to move until the foreclosure is complete and proper procedure has been followed. After the foreclosure sale takes place, the homeowner then automatically becomes a tenant and the new owner must begin the standard eviction process for the state of Florida. Eviction can be a delicate matter and it is important to follow the legal process carefully in order to avoid complications. Consult with an experienced foreclosure attorney in order to ensure you are following procedure and taking the appropriate legal steps.
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.
Selling your home in a harsh economy can be tough, but selling your home while having a tenant is another matter entirely. While most listing agents and realtors would prefer their listings vacant, landlords are seldom able to afford having their investment property sit empty for months at a time. But with the right strategy, selling your property while having a tenant doesn’t have to be a total nightmare and may even be pain free. Here are a few things to consider when renting out a property which you intend to sell or are in the process of selling:
• Get it in writing! While Florida law allows landlords to showcase their property for prospective buyers even as they are housing a tenant, it is much wiser to define your plans to sell the property in the terms of your lease agreement.
• Meet your tenant half way. Tenants are most responsive and cooperative when given an incentive, so consider offering your tenant a discount on the rent for the additional inconvenience you require of them.
• Be specific. It is best to be as open and honest as possible with your tenant, making sure to enumerate your expectations, define how often and during which times you will show the home to prospective buyers, as well as outline when and how notice will be given.
• Discuss it with your lawyer. Drafting a document which avidly protects your legal interests can be tricky, consulting an experienced attorney will ensure that your lease terms are 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.
Signing a lease binds both the landlord and the tenant to a variety of responsibilities. As the owner of the property, under Florida Law the landlord is responsible for the maintenance associated with pest control—as is the case with termites. Because the process often involves fumigation, it is pertinent that the landlord have the tenants evacuate the building prior to the act taking place. However, what is the appropriate timeline of notification for a landlord to inform his or her tenants?
According to Section 83.51 of the Florida Statutes:
“(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.”
In lay man’s terms, the landlord is to inform his or her tenants of their expected evacuation via written notice at least 7 days in advance. In addition, this evacuation cannot last longer than 4 days, and the tenants will not be charged the cost of rent for that time. Furthermore, the landlord is not responsible for any personal items that are damaged in the process—so tenants should be sure to remove any items of value prior to the fumigation.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this difficult 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.
We’ve all been there: The lease on your current place is about to end and you have to decide whether to agree to another lease or try to find a new place to live. Occasionally, a landlord will ask to know your intentions before the lease term is over, and taking too long to decide could cost you money.
However, this may not be enforceable. In general, fines and penalties are the business of government, not private contracts. However, there may have been a clause in the lease that you signed saying that you agreed to pay a set amount if you did not provide enough notice to the landlord as to your intentions.
This is a situation where it is very helpful to have an attorney go over your specific lease and review the language contained therein. Since there is no state law about providing adequate notice of rental intentions, it will come down to the language contained in the contract you signed. And even if you did sign a lease with such a clause, the wording still matters. If it is described as a “fine,” then it may be unenforceable, since that would be an “unconscionable lease provision” according to Florida statute.
Typically a landlord can do nearly anything they want as long as the tenant agreed to it in the lease, but leveeing a fine or penalty for inadequate notice is not allowed. Again, be sure to consult with an experienced attorney to review your specific situation and lease terms.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this difficult 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.
Though filing a Chapter 7 bankruptcy can improve an individual’s creditworthiness and even allow them to outright keep ownership of certain exempt property, it is not often a cure for upside down debt on a home. Generally, borrowers must endure a minimum “seasoning” period before lenders are willing to strike a deal on a new loan. For FHA financing, that seasoning period is a minimum of two years after the date of the discharge—in addition to whatever amount of time is required by the new lender, before the borrower can successfully apply for a new home loan. That means that your best bet at qualifying for an FHA loan after a discharge is to resolve the debt on your previous property.
Though a chapter 7 is designed to help insolvent borrowers reestablish creditworthiness and get their financial health back on track, it does not automatically get them off the hook. That’s because, while personal liability for the debt on your mortgage was discharged in the bankruptcy, the mortgage lien on the property remains very much alive. Because your name is on the title to the property, new lenders are unlikely to extend a hand before the lien on the property is resolved.
A chapter 7 filing will not simply erase your debt; if you’ve been discharged a mortgage in bankruptcy proceedings, being proactive and eliminating your role with the property lien is imperative. Additionally, credit reporting mistakes are very common after a bankruptcy, which makes attaining a good credit rating and qualifying for a new loan all the more difficult. The most effective way to rid yourself of the upside down property and save your credit is to pursue a short sale and move on. Be proactive and review your credit report for discrepancies and discuss your options with your bankruptcy attorney.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this difficult 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.
The State of Florida has no rent control provisions, meaning that landlords are free to charge whatever amount they would like for rent. The only control on how much they can charge is the availability of people willing to pay that price. Economists sometimes refer to this as charging “whatever the market can bear.”
Now, if you have a written lease agreement, then that document might stipulate time frames for notices to be given. It could say that the landlord must give you a certain amount of notice for any changes to the lease agreement prior to renewal, just as you must give a certain amount of notice if you do not intend to continue leasing the property.
Typically, landlords will give around 30 days’ notice if they intend to change any terms of the lease for the next period, including rent increases. However, as far a state law is concerned, the landlord is not obligated to inform you of his or her plans to raise the amount of rent charged for the next lease term. As always, we recommend having an experienced attorney review your specific documents and situation to determine your best course of action.
Ideally, the relationship between landlord and tenant is open, honest, and communicative, but this is often not the case. If you are experiencing difficulties with your rental situation, be sure to contact an attorney who will fight for your rights and ensure that your best interests are taken into account.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this difficult 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.
Is “phantom income” taxable if the property was homesteaded by the owner? This is shaky ground. Some people attempt to discover the answer to this question on a state-to-state basis, but in fact, it’s covered in The Mortgage Forgiveness And Debt Relief Act. Sometimes it feels like the IRS is out to get everything we own. Having a little assurance that we’re not being cheated is absolutely necessary in today’s economy. To have a little background on this, let’s explore the actual meaning of this ambiguous question.
Broadly defined, the Homestead exemption allows homeowners to protect their principal residence from creditors or property taxes. This is, of course, the broadest definition of the term, but it will serve our purposes. How is it legal for the IRS to collect tax on homesteaded property? Additionally, How can a person legally be taxed for an amount of money that was never physically received? These are valid questions.
According to The Mortgage Forgiveness And Debt Relief Act, the money was not taxable when first issued because there was an obligation to repay the lender; it wasn’t “income”. If the loan is forgiven, it’s an amount that was received but did not have to be paid back. That’s when forgiven debt crosses the line into “taxable income” territory. The money was never received, regardless of the value of the property. Since the margin between the value of the property and the price paid got wider, it could be viewed as equity.
It might feel like we’re being cheated every time we turn around, but if you take a closer look, you’ll see that the advantages greatly outweigh the disadvantages. Let’s say, hypothetically, that the IRS is attempting to collect taxes on forgiven debt in the amount of $14,000. If the outcome is unsatisfactory, there’s always the option of selling the property for its retail price and putting that $14,000 in your pocket. The transaction might not yield any cash, but it certainly improved your net worth.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
Ideally, tenant-landlord relationships are open and communicative, with neither party ever blindsided by unexpected news. Unfortunately, that is not always the case, which is why many states have provisions regulating how much notice both tenants and landlords are required to give one another in the event of changes.
If a landlord chooses to sell a rental property, the lease usually transfers over to the new owners and rent is paid to them and the original lease terms still apply. However, in a situation where there is no long-term lease agreement and the property is rented month-to-month, things get trickier. In Florida, the landlord is only required to give 15 days’ notice that the month-to-month lease will not be renewed, whether due to sale of the property or any other valid reason. Fifteen days is not very much time to secure another living situation, so try to maintain open and frequent communication with your landlord about his plans for the property.
Additionally, your landlord may request access to the property for inspection or showing it to potential buyers. In most states, landlords are required to provide at least 24 hours’ notice prior to these visits and tenants are required to make reasonable accommodations.
As always, the specific terms of your lease agreement may vary, so it could be beneficial to have an experienced attorney review your rental documents and inform you of your rights as a tenant, as well as your landlord’s rights and responsibilities. If your landlord has been delinquent with repairs or other upkeep for the property, you have options like withholding rent.
If your landlord informs you that he will be selling the property, contact the new owners to see if they would like to continue renting the property to you, even if it’s just for another few weeks as you try to find a new place to stay. It’s worth a try.
For specific questions, be sure to contact an attorney and read up on your state’s specific regulations regarding tenant-landlord relationships.
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.
