Legal Question in Landlord & Tenant Law in Florida

Coldwell Banker real estate company leased me a home that they new was in foreclosure. I received formal notice after taking possession. When I questioned them they said it should not take more than 30-60 days to resolve. They had agreed in the original lease to make some repairs to the property but did not. I gave them 6 months to resolve the matter. In the meantime I left my belongings in storage in Dallas costing me over $5oo a month storage fees. After 6 months I sent a letter giving 30 days notice and moved out stating I did not feel safe there knowing that I could be evicted, not being able to use the property for what I had originally leased it for to hold my belongings and thirdly that they did not do the original repairs as listed on the lease.

I have received a certified letter that they are keeping my $1800 deposit because I broke the lease. I paid my rent every month on time to someone who was not paying their mortgage. I feel that this is very unfair and would like to know if I have any recourse in this matter.

Thank you for your help,

Chuck Alford


Asked on 11/12/09, 9:55 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Whether the property is in foreclosured or not does not matter as to the rental issue. Your lease is with the owners. What you did is called constructive or self help - meaning you did not look to the law when you vacated the premises. However, you can still sue your landlord in small claims court. IN order to win this case, you will need to prove that they violated their agreement with you (I hope this was in writing as to the repairs - verbal will not count). If you get a simpathetic judge, you may get your deposit back. Insofar as storage, that was your choice.

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Answered on 11/17/09, 11:49 am
Lesly Longa Longa Law P.A.

What did your lease agreement say about early termination? Did you provide notice as required? Although the landlord's property was in foreclosure, you still had possession, so the landlord did not breach the lease. You breached it by terminating early, and may be required to pay damages as specified in your lease agreement. Regards,

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Answered on 11/17/09, 4:16 pm


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