Legal Question in Consumer Law in Florida

Condominium Rental

We just rented a condo unit from the owner who neglected to tell us that she was being sued by the condo association for back maintenance fees. They have started legal procedings to foreclose and now my roommmate and I are named in the suit just because we now live there. WE DO NOT WANT TO MOVE. Shoud we pay our rent into an escrow account until this is settled or something like that. The young woman we are renting from should have disclosed this problem when she rented the place to us. And the condo associationwho knew full well this was about to happen did not give us any warning either. Both parties are in the wrong for not disclosing the situation to us when we applied for residency. The condo association charged us $50.00 to apply and the owner charged us a $500.00 deposit. We don't have any extra money to hire someone to represent our interests but we need to know how worried to be. Thank you


Asked on 9/14/07, 3:56 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Condominium Rental

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is hard to say "how worried you should be". It truly depends on whether or not the owner has substantial equity in the property. If there is a large amount, it is doubtful that she will allow the unit to be lost in foreclosure. If there is minimal equity, then she may just be willing to let it go rather than fight the Association. Also, what is the status of the mortgage? Is that current? It is time for you to have a talk with the owner and try to find out just where you stand.

Scott R. Jay, Esq.

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Answered on 9/14/07, 10:32 pm


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