Legal Question in Real Estate Law in Florida
lease with option contract broken
We rented a house to a couple with option to buy, they put down a non refundable downpayment that would be applied if they decided to buy befor or at the end of the lease. In the lease it lists that property is to be maintained including the lawn and any landscaping.Two years into the lease we found out they removed { cut down all the mature trees,dug out shrubs and removed alot of the sprinkler system and did not pull permits to remove trees . They did not get our permission
to do any of this, it was our surprise to find the land cleared, and all removed.
Does this break the lease option and give us a right to cancell letting them buy the house? We did notify them by mail that we believe the contract is now void.
1 Answer from Attorneys
Re: lease with option contract broken
One would need to read the contract, but based on the information provided, it seems to me that the option remains alive and the buyer/tenant may exercise it. If the buyer fails to exercise the option, then you may have a claim for the diminished value of the property or the cost of bringing the property back to its original condition. However, if the buyer closes on the purchase of the property at the previously agreed upon price, then the diminished value is buyer's problem and you as the seller have not suffered any economic damages, so you would not have anything to complain about and no viable claim for damages.
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