Legal Question in Real Estate Law in Florida

rental contract

I signed a contract and paid the security to move into a house, gave notice to my landlord and now the house owner says she might not be moving? what are my rights?


Asked on 7/14/07, 7:35 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: rental contract

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If both you and the owner signed the lease, you have a binding contract which you can sue to enforce. Should litigation be necessary, it is altogether possible that if the owner is unable to vacate the property, a court would award you damages to make up for whatever losses you incurred as a result of the owner's breach. This could include your moving expenses and the differential to rent somewhere else.

You may wish to have an attorney write a letter to the owner explaining your legal rights and demanding possession as of a certain date. Good luck.

Scott R. Jay, Esq.

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Answered on 7/14/07, 7:42 pm
Johm Smith tom's

Re: rental contract

It sounds like you have a valid contract but that doesn't mean a judge would throw the landlord out of their house; you would probably get monetary damages, if any. But Mr. Jay is correct that a lawyer's letter may convince the landlord to move out for you.

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Answered on 7/14/07, 7:48 pm


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