Legal Question in Real Estate Law in Florida

I purchased a duplex in Florida in March, 2008. It was a single family house in a nice neighborhood and It was turned into a 2/1 and 1/1 by the seller a few years before. She was renting out the 1/1. I live in another city and planned on renting both sides. I asked my realtor to check with the other realtor to make sure it is was a legal duplex and there were no zoning restrictions. The MLS listing said, and i was told by the seller's realtor that it was a legal duplex and can be rented. Last week I got a letter from the city saying I cannot rent both sides. According to the zoning in my area, I had to live in one of the units and at the time I bought it only a family member could live in the other side. I would not of bought this property if I could not rent them both out. I have a copy of the MLS listing and an email saying it was a legal duplex and could be rented. There was no mention about a restriction on the property on my contract or closing papers. Is it the responsibility of the title company to make me aware of the restrictions on the property or the listing agent? I do not know if the city or county properly recorded a restriction on my property for anyone to find if they did look. Do I have a chance to get a variance with the city so that I can rent both sides? Please advise. thanks, Linda


Asked on 6/08/10, 10:20 pm

1 Answer from Attorneys
Richard Kaplan

There is always a chance. The key typically is whether or not it is a self imposed hardship. If your action, or those of the seller show that you created the hardship without city action, a variance would be difficult. But if it is showed that the seller, or you, relied upon the city, and was made to believe that it was legal, your chances are improved. If the acts of the city created the hardship, that would also be grounds.

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Answered on 6/09/10, 3:39 am


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