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Old 02-11-2011, 10:56 PM   #21
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Originally Posted by Ultralite View Post
leave! and like someone else said, bring the flag with you when you do...i can put you up for a while...and for less...
Your good people but we will be ok. I need to finish out this contract and my single uncle lives in a 4 bedroom house in a gated community.
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Old 02-12-2011, 01:40 AM   #22
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James,

First of all, I'm not a lawyer and therefore I'm not offering legal advice. I am an inactive RE Broker. The FL statute you need to be concerned with is linked below, pay special attention to 83.595 & 83.49 (5):

http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=0000-0099/0083/Sections/0083.56.html

Now, playing the devil's advocate here, did you do your due diligence before you rented the property? In other words, did you check the crime reports for the neighborhood or ask the nearby neighbors what they thought of the neighborhood? Did you ask your landlord the same type of questions? If not, can you really blame the landlord? All of that aside, as I understand it, the most your landlord can sue you for is the remainder of the rent until the end of your lease. Just because you do not pay your rent also does not entitle him to keep your security deposit. The security deposit is meant to pay for damages and he must submit a letter to you within 30 days explaining why any portion of your security deposit is being kept and I believe you have 15 days after that to rebutt. The real stinger in your case is if your landlord has included a clause in his contract that entitles him to also collect reasonable attorney's fees, if so, you may find yourself in a bad way. It's best to do whatever you do on mutual terms and in writing with the landlord to protect you. My interpretation of the law is you need to give at least 7 days notice to the landlord to protect your rights. State law is supposed to override any conflicts with your contract and in a perfect world, unless there is clause in your contract that says if there is a conflict with state law, all other provisions will remain in force (or some such phrasing), then the whole contract is considered void. Iíve never known anyone who has tested that and it sounds good in theory if youíre the defendant, but my bet is the outcome is going to depend more on the judges mood than on his knowledge of real estate statutes. The best advice I can offer to you is to know the law, but remember, the judge may not interpret the law the same way you/I do. Good luckÖ
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Old 02-12-2011, 01:46 PM   #23
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Originally Posted by hogdogs View Post
The gargae needs security since you park in there... So a bad guy can be hunkered down hid after he jimmied the door and kill your wife for the car keys and it is okay with the landlord? I would tell him, in no uncertain terms, that is in his wisest judgement to just let you out of the lease with ZERO costs to you!

You do realize you have the "Redneck Regime" behind you, right!

Brent
Will this "Redneck Regime" go to court with you? If so, do you think the Judge will be impressed?

Contact a lawyer before taking any action.

Sea-r-cy
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Old 02-12-2011, 03:06 PM   #24
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Here is a thought. If you are in danger, you should leave. It takes FOREVER to be evicted from a house in Florida. I mean FOREVER. You could stop paying rent right now and they couldn't do anything for 3 months. Personally, I think that is crazy and I have several friends who have been hosed because of it, but it is what it is. So here is what you do. You tell the landlord that you have an issue the safety of the house. He has two options. He can let you out of the lease (and you could offer maybe half of the deposit as a good will gesture) or you can live there for the next three months for free (because you won't pay the rent). His wise choice would be to let you out. Admittedly this is a strong-arm tactic, but it can be very productive in a situation where you must have immediate resolution. Now, a vicious person would also tell him that the damage to the house upon you finally leaving will be substantial, but I personally would have an integrity issue with that one. I don't know the whole story so I am not recommending this but it is an option if necessary.
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Old 02-12-2011, 03:44 PM   #25
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I just can't screw people over. Now if they are not willing to work with me I have a few ideas. First I was the 15th person who wanted to rent that home but the only one they excepted. They told me later it was b/c I'm white. That's a big no no. I didn't record that but one of the renters was bound to have a better credit score and no dog that should help. The other is bringing up the fact that they did not tell me of the police being called due to the guys looking through the window. They held info back when I was making my decision to or to not move back in. At that point I was free and clear to walk away per them. I've got the meeting tonight and if it goes south I will ask a lawyer.
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Old 02-12-2011, 05:58 PM   #26
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Get a copy or look over your contract, there should be something in there about safety or a loophole or some way out of it.
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Old 02-12-2011, 07:23 PM   #27
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Alright no more worries. I asked them what would be fair to you guys to let us out of our lease? That way I didn't raise to high.. They said this months rent and they would refund our deposite when the home is move in ready. They also were a little upset about installing ADT for us and I said I would pay the monthly of $31 until it's rented or our original lease is over. I am going to type up the agreement now for a signature. Thanks for the help!
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Old 02-12-2011, 07:31 PM   #28
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Good outcome. Calm and reason prevails again.
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Old 02-12-2011, 07:44 PM   #29
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Awesome!!! Glad it went smooth!

Brent
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Old 02-12-2011, 08:47 PM   #30
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