Legal Question in Real Estate Law in Florida

tenant rights, last right of refusal

I have lived in and improved (stripped wallpaper, painted and faux-finished walls, hung ceiling fans, tiled)a condo for the past seven years. Landlord suddenly put it on market but he and realtor verbally promised last right of refusal, but then refused to let me see terms of offers. I put in a blind bid, he accepted other offer and wants me out Dec 29. I moved in without lease because at the time the roof was leaking, so I cleaned/painted walls and waited 2+ years for association to fix roof. I was on month to month with "goodwill" understanding. He still maintains I had right of refusal but says he was precluded from showing me other contract. His realtor probably never disclosed right of refusal to prospects, or fully explained it to him. Do I have a legal case, and if not, when do I legally have to move out? Also, neighbor/friend in same predicament with same landlord did have a lease when he first moved in ('95-'96) but never resigned lease. Does he still have till month indicated on lease? Thank you


Asked on 12/23/99, 1:40 pm

1 Answer from Attorneys
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

First Right of Refusal/Option to Buy

Facts: I have lived in and improved a condo for the past seven years. Landlord put on market but he and realtor verbally promised "last right of refusal," but then refused to let me see terms of offers. I put in a blind bid, he accepted other offer and wants me out Dec 29. I moved in without lease on month to month with "goodwill" understanding. Do I have a legal case, and if not, when do I legally have to move out? neighbor/friend in same predicament with same landlord did have a lease when he first moved in ('95-'96) but never resigned lease. Does he still have till month indicated on lease?

A. Probably not a GOOD case as you said there was nothing in writing. You can force the issue by refusing to move out and then it will go to court. There you can sue for specific performance of you oral contract for First Right of Refusal/Option to Buy. It will be your word against his as to the terms of your right to bid on the condo. Your friend had an oral month to month tenancy which can be terminated with 15 days notice.

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Answered on 1/07/00, 12:04 pm


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