Legal Question in Real Estate Law in Florida
landlord is trying to break lease
Based on the information presented below, could you please advise meas to what legal remedies are available to me and how I should proceed. The property is in Jacksonville, Florida.
On March 28, 1997, both parties orally agreed that the property the tenant is now renting would be sold to the Tenant for $28,000.00 upon the expiration of a written two-year lease which established that all rents ($9,600.00 total) would be applied to the down payment on the property. The Tenant received an amendment to the lease agreement which established that an eviction would not occur until rent was delinquent for more than 2 months. On September 5, 1997, the Tenant verbally informed the Landlord that the Gas Company required the water heater to be elevated. On September 25, 1997, The Landlord informed the Tenant of his decision to sell the property and that the Tenant had 30 days to relocate. On October 24, 1997, the Tenant forwarded a certified letter to the Landlord informing the Landlord of code violations. On November 10, 1997, the Landlord served an Eviction Notice to the Tenant. The Landlord expressed, in writing, a desire to cancel the lease. On November 25, 1997, the Gas Company disconnected service to the hot water heater because of the code violation. On December 23, 1997, the court dismissed the Eviction case.
2 Answers from Attorneys
Jax., Fl. Landlord terminating lease option
Could you please advise me as to what legal remedies are available to me and how I should proceed?
Sounds like you should be writing letters to your landlord and documenting your position.
Specific Performance is a legal action to force a party to comply with a contract but requires an atty. and may be difficult to enforce with an oral contract.Offer to go to closing now with whatever deposit you have paid to date.Make a record that you have fully lived up to your end of the contract and offer to do even more than your share.
Document everything and ask your landlord to participate in mediation or a "Citizen Dispute Settlement Program".
I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.
Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.
By answering your question I am not agreeing to represent you and do not intend to create an atty./client relationship. I accept no responsibility for errors or problems arising from the answers I give. PROCEED AT YOUR OWN RISK!
Oral agreement to purchase
You did not specify whether you were the tenant or the landlord. Mr. Fernandez is correct in urging the tenant to take all necessary stepsto show that he was willing to complete the purchase.
If you are the landlord, the eviction was probably denied on the basis that the agreementhad changed from a lease to a contract to purchase.There is a big difference as ejectment is theappropriate remedy for the latter situation.
No attorney can give you adequate advice basedon the information you have provided. There area myriad of other details that need to be considered.I definitely suggest you locate a real estate attorney in your area.
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