Legal Question in Real Estate Law in Florida
real estate lease with option to buy
executed lease with option to purchase in october '98, lease expired along with option to purchase, leasee did not notify of option to purchase. since occupying home has been late every month with rent, pays with checks that have no funds in bank, oct'99 did not pay until 21 october, after giving me two bad check, ($2,000.00). told tenant they had forfeited option money, sent them certified letter with new terms after lease expired, they refuse to pickup at post office, will not return phone calls. now letter from attorney that executed lease saying they are within rights to continue option to purchase, yet will not sign new lease, i must use their payments to meet mortgage, told themif they don't pay will turn house back to mortgage holder, i am retired and disabled and cannot afford to fight them. they also refuse to provide a credit application. my position is that they have continual breach the lease by default in not paying on time with sufficient funds check, thereforte the entire agreement has been breached and defaulted.
1 Answer from Attorneys
Expired lease with option to buy
Facts: executed lease with option to purchase in '98; lease expired along with option to purchase; leasee did not timely notify of option to purchase; told tenant they had forfeited option money, sent them certified letter with new terms after lease expired; now letter from attorney that EXECUTED lease saying they are within rights to continue option to purchase, yet will not sign new lease nor pay rent; they also refuse to provide a credit application.
Response: Take them up on the option and demand they close or sue for eviction. You can file your own action in County Court. It will force the matter to a head. [Don't know what you mean about Atty. who EXECUTED lease. Do you mean signed? or drafted? or prepared? or reviewed?]
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