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miztiffany | Want to sell duplex in florida, but tenant is giving me a hard time. What can I do? |
I have a duplex that I would like to put up for sale in Florida, but my tenant on one side of the duplex is giving me a hard time. She signed a lease in February of 2007 and was told prior to signing that we would be selling the house within the next year, which she was fine with. Last week we told her we wanted to put the house on the market, and she flipped out on us. Her friend is a realtor (an obnoxious loud mouthed one), and told her that she can break her lease and move out as soon as I put the house on the market. The lease really doesn't have any specific clauses in relation to a home sale nor can I find it in the state senate statutes.
So my question is...is the tenant allowed to break her lease and move out? I do not want her to move out as it is easier to sell a tenant occupied house. I've already told her that we want her to stay and that we would see to it that a new owner would have to honor her lease.
Any info or websites would be appreciated....thanks! |
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mcmufin
 |
It would be a lot easier question to answer if I could read the lease. Generally, don't believe any legal advice you hear from real estate agents and brokers. They are not attorneys. your tenant's agent is giving her bad advice.
A landlord selling the unit is not grounds for a tenant to break the lease, generally. That may be change based upon the terms of the lease. Additionally, the new landlord cannot evict the tenant without conforming to either the requirements in the lease or the requirements of the Chapter 83, part II, Florida Statutes.
If she breaks her lease and moves out, then you can sue her for lost rents and damages. Make sure you follow all the notice requirements in the statutes about keeping the deposit. You cannot force her to stay int he apartment; she has the right to leave. However, if she breaks the lease, you can recover damages from her. |
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SmartA$$
 |
I'm not an expert but I believe that selling the house should have no impact on the terms of the lease unless there is a specific clause, the tenant is still required to fulfill their commitment, and a new owner is required to honor the lease on the original terms until the end of the lease. If the tenant doesn't like the new owner and/or thinks a new owner is being unfair, then they would have to take legal action against the new owner and it would have nothing to do with you. You can sell at anytime and that does not give the tenant the right to break their lease. I would look for a realitor that has experience with properties that have rentals and consult an attorney. |
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acermill
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No, she may not break her lease if and when you place the property on the market. A lease is a legal binding contract, and both parties to the contract are expected to honor the provisions of the contract. If the property is sold, the lease arrangement transfers to the new owners, and they are bound to honor it as well, until its termination date.
Furthermore, she is obligated to allow access to the property upon twelve hours advance notice for the purposes of showing the property to prospective buyers. No, she cannot demand to be home when you show it. She does have the right to be there if she wants to be, but it's her duty to find the time to take off work to show up. |
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spadezgurl22
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acermill is correct in stating the tenant is bound to the lease and at the time of sale the lease would be transferred to the new owner. the sad part is this real estate "agent" is giving out falsified information. Tell your tenant you will try to be courteous in showing the place. giving her warning and only show during business hours 9-5 so shes not disturbbed. (she shouldnt even be home if she works) |
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jerry m
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Source 30 years real estate. SIMPLE ANSWER. The lease stays in force, and must be honored by new owner and tenant. |
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mefrancis
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I don't know anything about Florida. In Michigan our leases spell out when a home can be shown to prospective buyers. Usually this is in the last 1 or 2 months of the lease and it is customary to give 24 hours notice to the tenant for showings. The terms of the lease must be honored by the new owner. In Michigan, your tenant could prohibit showings now which would make it hard for you to sell it. |
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sprintcardrvr
 |
Have you thought of offering the tenant a real deal?
Easiest sale you will ever make they love it there and don't want to leave. |
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chisox
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She moved in Feb. 07 or re-leased in Feb. 07?If she moved in I would be mad too.Then again if you made it CLEAR to her that you would be selling then thats her fault.But you are correct most people would like to see a furnished home to get the "homey feeling". |
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Peace
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She can't break the lease without paying penalities. Why would she be upset? Are you expecting her to move out when you do sell? |
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