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Help! Been scammed by landlord of condo, and need to know what our legal rights are.

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joesbutterfly

Junior Member
What is the name of your state (only U.S. law)? Florida
Our family rented a 2/2 condo from an owner. We did not know, and was never advised we needed condo association approval to live here. We were told we (and stated on the lease) that we could have animals, they wrote allowed.
The first few days after moving in, we alerted the landlord to problems. Kitchen sink would not drain due to non working solid clogged garbage disposal, dishwasher would not work after filling with water, living area fan/light was on and no switch worked to turn it off. (since then light will go on for days then turn off on own and back on again. The fan came on with the light one time - seems to be an electrical issue :/ ), the central a/c is not working properly , and some other things. She immediately said no repairs, that the lease said no repairs. She wrote in no repairs in the section that stated tenant has to give landlord notice before self repairs. (not that they were not responsible to make any)
We were not given rules and regulations, no mailbox key. The owner downstairs developed a leak in ceiling over his tub , and contacted his association. We gave him our phone numbers so when repair person came they could get a hold of us if necessary to go through our floor. 3 weeks after moving in we received a call from the condo management company about the leak, and that we were not approved to live here, the landlord should have had us apply, and get approved before moving in. Told me they would email an application. I called the owner who said no we did not, no worries they would call and straighten it out. (stupid us we believed them) Mind you we would have never moved in here, if we knew there was approval needed as our credit is low, and we have had a recent eviction (landlord knew this) , and us having 2 dogs, and one is a large dog (and later finding out they only allow 1 dog under 30 lbs). There is NO way they are going to approve us, on top of other issues we are having with the landlord. Last Weds. management company called to say that they did not receive our application and if it isn't turned in by Friday they will evict us.
We tried to fill it out, but when we got to the part that we have read and agree to the by laws, rules and regulations we can't sign as we never received. Called management company and they said to sign it . Monday called them again to try and get rules, and were told to get it from owner.
We had sent the owner a letter stating rent would not be paid until things are fixed, and we are approved to live here. We had asked for our money back so we can move and owner refused. Owner won't do anything to make repairs, or provide us with rules/regulations and is now demanding the rent be paid.
The nightmare worsened when we looked online at court records and the association has filed lis pendens in January against the owner, and on March 25, 2015 filed Motion for Default final judgement.

Does this mean that the association is foreclosing on this unit? What legal rights do we have against the owner for renting to us, not doing repairs , causing all this upset and stress and misrepresenting the rental ? Should we follow through with association application even though it seems we are not going to be approved?
Prior to moving in here we were homeless for 3 months living in a hotel. We have no money to move, we gave all we had to move in here and pay deposits. I feel like we were scammed and taken advantage of, landlord knew our situation.
 


FlyingRon

Senior Member
You need to be very careful before actually withholding rent. There are only certain habitability issues qualify and you have to give specific seven day notice. Stuff like nonfunctioning lights and garbage disposers and minor leeks are NOT going to cut it.

A lis pendens means that some sort of lawsuit is in progress. It's not necessarily a foreclosure, but it could be.

One could certainly make an argument that if you have cause to break the lease, but it's going to be near impossible to get any other remedies other than return of your security deposit.

I'd be looking for another place.
 

Stephen1

Member
Thank you FlyingRon for addressing the issues with withholding rent. Saves me the trouble.
Joesbutterfly, if you actually withhold rent not in accordance with state's requirements then it is virtually a slam dunk for the landlord to get an eviction order.

You seem concerned about how you had not complied with the condo associations requirements. Let me point out that the condo associations rules apply to the condo owner (your landlord). If someone didn't comply, then it was the landlord who didn't comply. You and the landlord have a contract that says you are allowed to live there.. If the association doesn't approve you as a tenant then that is a problem for the landlord as he didn't follow the rules and placed a tenant in the unit who was not approved. He could offer (to you) to break the lease. Or he could tell the association to go pound sand. If the landlord wants you out then he should offer you some incentive to leave early. I'm thinking some amount of cash.
 

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