Legal Question in Real Estate Law in Florida

I have signed a lease, paid a deposit,& 1st moths rent and have the key to the home. I asked the realtor if there is an application needed he said no because its the same community. However the tenant association told me yesterday I cannot move in unless we pay a $100. application fee.
I have invested lots of time and money painting and fixing things around the house before moving myself and my 7 year old daughter. I have already informed my current landlord that I will vacate his premises my the 20th of August. Now this problem came up, what will happen to me ,and my daughter if he does not approve my application????????

Asked on 8/11/10, 5:00 am

2 Answers from Attorneys

Shelly Schellenberg MI & FL private practice

0 users found helpful

0 attorneys agreed

The Realtor said "no" because it's the same community? If you are moving within a community and that community has alread approved you to live there, it doesn't seem likely that they will suddenly "dis-approve" you, providing that you have not committed any crimes, or have new credit problems. You need to call both the association and the owner and get them to talk to each other. You may have to pay the $100 application fee, as they probably have the right to charge if they are really going to run your credit report and do a background check on you. If you go in person, or get your landlord to help appeal to the association, you may be able to convince them that you should not have to go through the process again, because you already live there. Talk to a person who has decision making capability at the association. You can take the chance of moving into the new apartment, and make them come up with a good reason to force you out. Only you know what your background check is going to reveal. If there is something there that you don't want to have discovered, then you may be smart to stay in the property you now occupy.

Answered on 8/16/10, 11:21 am

Mark as helpful