Apartment conversions

[thanrah1]

Florida**************...Don't this beat all

My apartment complex changed hands on 02/01/06, The new owners will be converting the units into condo's. My lease expires on 02/28/06, today 02/02/06 I found a notice on my door that there will be major renovations taking place and they will not be renewing my lease, (no mention of the conversion). I planned on buying when the offering was made.

I know that in the state of Florida, no reason has to be given as to why a lease is not being renewed but don't I have a right of first refusal prior to being evicted.

Do I have any legal standing to stay in my apartment or do I have to leave at the end of the month.

Or is there any legal way to stall the eviction. I have been only been given a 27 day notice to vacate the premises. I will be out of state for 10 days on business near the end of the month and will not have time to find a new residence, pack or hire movers.

I'm really in a bind here, can anyone offer some good advice.

Thank you

 

[Ohiogal]

Florida**************...Don't this beat all

My apartment complex changed hands on 02/01/06, The new owners will be converting the units into condo's. My lease expires on 02/28/06, today 02/02/06 I found a notice on my door that there will be major renovations taking place and they will not be renewing my lease, (no mention of the conversion). I planned on buying when the offering was made.

I know that in the state of Florida, no reason has to be given as to why a lease is not being renewed but don't I have a right of first refusal prior to being evicted.

Do I have any legal standing to stay in my apartment or do I have to leave at the end of the month.

Or is there any legal way to stall the eviction. I have been only been given a 27 day notice to vacate the premises. I will be out of state for 10 days on business near the end of the month and will not have time to find a new residence, pack or hire movers.

I'm really in a bind here, can anyone offer some good advice.

Thank you

This is just a question as I am unsure: They may not be renewing the lease but did it say you have to leave -- in other words, did it tell you you had to move? You may be able to stay as a month to month tenant. Also you need 30 day notice I do believe. Enasni knows a heck of lot more about this than I do.

 

[HomeGuru]

there should be a law offering the tenant the right to purchase.

 

[thanrah1]

Florida, Hillsborough county:

The notice states inpart...."our records indicate that your lease agreement expires on February 28, 06. This notice is to inform you that we do not intend to renew or extend your lease.....and it will be necessary for you to vacate the apartment by February 28,06" **************and it goes on to tell me when to return the keys, the deposit will be returned if they are satisfied with the condition of the apartment and so on.

As to the question of "first right to refuse" there is a law in Florida that requires that but no official notice has been given that they are converting, only that they are making major renovations as stated in my notice to vacate.

Florida statute Title VI, chapter 83.03 section 1, titled "Termination of tenancy at will, length of notice" appears to indicate that, that to not renew a lease requires them to give me a three month notice that they will not renew....based on the length of my lease (a yearly agreement, with the rent paid month to month.)

So my questions are

1. Am I being denied "the first right to refuse" since they haven't officially made the notification that they are converting the apartments into condo's.?

2. Are there exceptions to the above statute that I am not aware of?

I really don't want to move and I do want to purchase, I've even taken the first steps to set up financing, this notice to vacate threw me for a loop.
I've been an excellent tenant with no problems or complaints.

3. What should be my next step? Assuming my assumptions are correct and they have not given me timely notice to vacate and/or my "right of first refusal" may be being denied to me. How do I proceed?

Thank you

 

[ENASNI]

hmm

I just have a few questions.

If you knew your lease was expiring, why did you not take measures to sign a new one?

Have you tried to find out if they put in plans for the condo-conversions at the building offices (or whatever)?

First you say they are converting to condos, but you really don't know.

I think they are being a little dicey here, do not get me wrong.

What does your lease say about renewal? I do not like your state's statutes, they confuse the blonde here. I do think one of them says year to year leases need 60 days notice.

 

[thanrah1]

Florida, Hillsborough County:

Thank you for responding, I'll answer your questions as clearly and concisely as possible.

Q. Why didn't I take measures to sign a new lease.

A. On January 27, 06 we were notified that new ownership would take place on February 1, 06. We (the tenants) knew that it was going to take place but we didn't know when. In the past 8 years that I've lived here I have always received a notice informing me of my options, to renew or not to renew, I always responded affirmatively, sent the notice back and the first week or so of the final month (February) I was asked to come in and sign the new lease, which I did.
If I knew this was going to happen I would have approached the prior owners to sign a new lease, shame on me for not doing that.

Q. Have I tried to find out if they put in plans for condo conversions?

A. No, but looking back they may have already done that. There have been inspectors, contractors and others around for weeks prior to the change of ownership. That's how we knew they were planning to convert, along with some inside information from employees of the complex.
I assume your asking this question in reference to me possibly being denied my right to refuse?
How could I find out if they submitted plans for the conversion? I thought they had to submit the plan to the state for approval and then make the initial offering. Now that I'm thinking about it they would also have to secure permits for their "major renovation's", Would they have to declare the reason for the permits, i.e. apartment conversions to condo's.?

Q. Do I know they are really converting to condo's?

A. Well, no tenant has been officially notified of that as yet but everything points in that direction, the apartment downstairs from me has been vacant for months and in the past week they gutted it, I was told by an employee of the complex that they are going to show it as a model to potential buyers.

Q. I think they are being a little dicey here.

A. I agree, I think they are trying to get as many tenants out as fast as possible, so the vacancies can undergo major renovations as quickly as possible, unfortunately, I and perhaps a couple of others that had leases expire this month are faced with this dilemma, I also presume that as leases expire in the coming months that each tenant will receive the same notification as I did.

Q. What does my lease say about renewal?

A. Renewal, quoting now, word for word.

"This lease will continue as a month-to-month lease after the initial term unless or until either you or we give the other at least 30 days written notice of termination. Termination must be the last day of the initial term or the last day of a subsequent calendar month. Rent may be increased after the initial term upon not less than 30 days notice".
Other options included a 7 month lease or month to month, I always opted for the yearly lease.

Sorry about confusing the blond, certainly not my intention...... I also read something about a 60 day notice but it wasn't a statute.

The section I cited "Title VI chapter 83.03 section 1" of the Florida statutes is the only statute I found. If you could clarify this for me it would help, if I do have to move I'd prefer to do it in 3 months rather than 60 days or the 27 days they stated I have.

I really appreciate the time and effort you and others are putting in to guide me through this.

Thank you

 

[HomeGuru]

Florida**************...Don't this beat all

My apartment complex changed hands on 02/01/06, The new owners will be converting the units into condo's.

**A: how do you know these facts? Did you get anything in writing confirming?

 

[ENASNI]

Florida**************...Don't this beat all

My apartment complex changed hands on 02/01/06, The new owners will be converting the units into condo's.

**A: how do you know these facts? Did you get anything in writing confirming?

This seems to be the most important question that needs answering.

Interesting article.
http://westchase.tbo.com/westchase/MGB4OJC5PIE.html

Landlords may not discriminate against tenants who decline to purchase their apartment for the remainder of their rental agreement or lease. Renters are "entitled to the same rights, privileges, and services that were enjoyed by all tenants prior to the date of the written notice of conversion and that are granted, offered, or provided to purchasers," the act states.

But there's a catch for apartment dwellers. The law only applies if the landlord has advertised his intention of going condo, said Rudolph Prinz, bureau chief of standards and registration within the Division of Florida Land Sales, Condominiums and Mobile Homes.

If a condo developer does not advertise his intention to go condo prior to or simultaneous with his refusal to renew leases, he is not breaking any law, Prinz said.

And if the tenants ask the landlord or developer why he isn't renewing leases, he doesn't have to say anything, Prinz said.

"He can just say, 'I have my reasons,' " Prinz said. "If he's not offering the [condos] to the general public, then he doesn't have to offer them to the tenants."

 

[thanrah1]

Apartment Conversions

OK, I'm stuck, they have not notified any tenant that they plan to convert nor have they advertised (to my knowledge) of their plans to convert. The notice to vacate simply stated that major renovations were going to take place, therefore they were not going to renew or extend my lease.

One more question and I'll try to drop this.

The renewal portion of my lease (as quoted in my previous post) states in full "The lease will continue as a month to month lease after the initial term unless or until either you or we give the other at least thirty days written notice of termination. Termination must be the last day of the initial term or the last day of a subsequent calendar month. Rent may be increased after the initial term upon not less than thirty days notice."

My question is:

I was given 27 days notice to vacate, not the thirty as required in the lease. Can they be compelled to give me another month or can they just add 3 days onto my notice to vacate? At what point in time should I bring this error to their attention? Sorry, that was two questions.

Thanks to all for contributing to this and thank you for the Westchase link, that was very informative. Since that particular complex is about 3 miles from where I presently reside.

 

[HomeGuru]

OK, I'm stuck, they have not notified any tenant that they plan to convert nor have they advertised (to my knowledge) of their plans to convert. The notice to vacate simply stated that major renovations were going to take place, therefore they were not going to renew or extend my lease.

One more question and I'll try to drop this.

The renewal portion of my lease (as quoted in my previous post) states in full "The lease will continue as a month to month lease after the initial term unless or until either you or we give the other at least thirty days written notice of termination. Termination must be the last day of the initial term or the last day of a subsequent calendar month. Rent may be increased after the initial term upon not less than thirty days notice."

My question is:

I was given 27 days notice to vacate, not the thirty as required in the lease. Can they be compelled to give me another month or can they just add 3 days onto my notice to vacate? At what point in time should I bring this error to their attention? Sorry, that was two questions.

Thanks to all for contributing to this and thank you for the Westchase link, that was very informative. Since that particular complex is about 3 miles from where I presently reside.

**A: you did not answer my 2 questions.

 

[thanrah1]

Apartment Conversions

To Home Guru:

The answer to your two questions.

Q. How do you know these facts?

A. It was mostly word of mouth coming from employees of the complex.

Q. Did you get anything in writing confirming?

A. If you mean that the new owners are converting, then the answer is no.
The only notifications received were from the prior owners, that the complex was changing ownership on February 1, 2006 and from the new owners, a letter to vacate the premises on February 28,06 (the expiration of my lease) No notification has been made that there plan is convert the apartments into condo's, at lease to the tenants.

 

[ENASNI]

Errg

It is sort of an "unwriten rule" that all months are based on 30 days. I am not sure if a judge or whatever would argue on the point of this "thirty day " notice.

Boy oy chef Boyardee are you in a dilly of a pickle. I think you are moving honcho, but you might have piece in the chess game after if they do go condo. So hold on to your raviliolis if you want.

This does not help ya now. I know.. but I am 3 beers into superbowl fun and I am sorry if I am not square on.