Legal Question in Real Estate Law in Florida

Landlord is trying to force tenant to break lease.

Could someone advise me as to what legal remedies are available to me as a tenant and how I should proceed.

Both parties orally agreed that the property the tenant is renting in Jacksonville, Florida would be sold to the tenant upon the expiration of a written lease, which states that all rents would be applied to the down payment. On Sep. 25, The landlord notified the tenant, in writing, of his decision to sell the property and that the tenant had 30 days to relocate. On Oct.24, the tenant notified the landlord, in writing, that the water heater needed to be elevated (per Gas Company) and that the roof was leaking. On Nov 10, the landlord served an Eviction Notice to the tenant expressing a desire to cancel the lease. On Nov 25, the service to the hot water heater was disconnected because of the code violation. To this date the landlord has neither attempted to elevate the water heater nor fix the roof. 1. Would the statement in the lease stating that all rents were to be applied to the down payment support the oral agreement for the tenant to buy the property? 2. Did the landlord break the contract by selling the property to another buyer? 3. Is the landlord guilty of "prohibited practices" (as defined by the Florida Statutes)? How would I pursue this? 4. Is the landlord guilty of retaliatory conduct (as defined by Florida Statutes) by his selling the property and trying to evict the tenant after the tenant complained in writing.


Asked on 1/01/98, 5:58 pm

1 Answer from Attorneys
Randall Reder Randall O. Reder, P.A.

Oral agreement to purchase

There is a statute that states that an agreement to purchase property must be in writing forit to be enforceable in court. However, thereare exceptions. One that immediately comes tomind is that an oral agreement may be enforceable ifone of the parties has complied with all theconditions. In addition, there is the equitableconcept of promissory estoppel. There is noblack and white answer. You definitely have potential arguments. A good attorney could assist you in this matter. However, there isno guarantee and you could end up being worseoff.

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Answered on 1/02/98, 6:16 pm


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