NEW LANDLORD NOT HONORING EXISTING LEASE

[kmn8799]

FLORIDA- My apartment has been sold, I have a year lease that started 02/01/2019. The new owner does not want to honor the lease. He wants to increase my rent by $300 or has given me the option to move out. What are my rights as a tenant and does he have to honor my lease or can he do as he pleases because it is now his property?? Please help one month away from welcoming a baby girl, last thing I need to worry about is finding a new place to live in such short notice. THANKS!!!

 

[PayrollHRGuy]

You stay right where you are and no you don't have to pay the higher rent.

If he stops accepting the rent each month put the amount you are now paying in a separate bank account.

Pay ALL future rent in a way that is trackable. A check would be a good idea.

 

[kmn8799]

You stay right where you are and no you don't have to pay the higher rent.

If he stops accepting the rent each month put the amount you are now paying in a separate bank account.

Pay ALL future rent in a way that is trackable. A check would be a good idea.

Thanks for the advice but what should I do if he persist on me doing one of the options listed above? Should I make it clear that he has to honor my lease by law and am willing to go to court if he does not? Also would money orders be a track-able method?

 

[LdiJ]

FLORIDA- My apartment has been sold, I have a year lease that started 02/01/2019. The new owner does not want to honor the lease. He wants to increase my rent by $300 or has given me the option to move out. What are my rights as a tenant and does he have to honor my lease or can he do as he pleases because it is now his property?? Please help one month away from welcoming a baby girl, last thing I need to worry about is finding a new place to live in such short notice. THANKS!!!

He can neither raise the rent nor force you to move out. You have a lease. He is required to honor that lease.

 

[adjusterjack]

Should I make it clear that he has to honor my lease by law and am willing to go to court if he does not?

That would be an excellent idea. Make sure you put it in writing.

Also would money orders be a track-able method?

Yes, but I suggest keeping photocopies of the entire money order, not just the stub if all you get is the stub.

 

[Zigner]

Thanks for the advice but what should I do if he persist on me doing one of the options listed above? Should I make it clear that he has to honor my lease by law and am willing to go to court if he does not? Also would money orders be a track-able method?

Money orders are trackable, but they are a pain to track.

 

[LdiJ]

That would be an excellent idea. Make sure you put it in writing.



Yes, but I suggest keeping photocopies of the entire money order, not just the stub if all you get is the stub.

And keep that documentation, as well as a copy of your lease, somewhere safe and off the premises. Your new landlord will have a key and while he should not enter without giving you advance warning, he does not appear to know anything about landlord tenant law and therefore he might not know that he cannot enter without giving you advance notice.

 

[adjusterjack]

Money orders are trackable, but they are a pain to track.

Cashier's checks are good, if one can get them free at the bank.

 

[Zigner]

Cashier's checks are good, if one can get them free at the bank.

Agreed - and for the piece of mind, it might even be worth paying for them.

 

[bcr229]

You also need to plan for your new landlord to raise your rent once the lease runs out. Next January seems like it's far away but it's amazing how fast time flies when dealing with a newborn.

 

[FarmerJ]

Also its time for you to take a inventory of your personal property and include pics as well with your list of things then store them away from home along with a extra copy of your lease ( not in your car since cars can be stolen ) and perhaps you want to get renters insurance so this way if your place is magically broken into and many of your things are stolen you can make a claim. AS to planning yes you should plan for this new LL to be raising the rent when your current lease is near time to renew. ( planning can include looking at other places and your being the one to send via certified mail your notice that says you will not renew and be vacating according to the terms I your current lease spells out to a tenant who doesn't want to renew ) also you should plan on taking a lot of pictures of the final condition of the place so you have a record of its conditions incase the New LL is not fair with your deposit funds ( take pics now too so you have proof of what the place looked like at the start of his ownership ). BTW if the LL does come over and harasses you do feel free to tell him to leave and if he wont to dial 911 and tell the police what is going on.

 

[kmn8799]

He can neither raise the rent nor force you to move out. You have a lease. He is required to honor that lease.

If he decides to take me to court for an eviction due to not paying the higher rent will the case be thrown out? Being that he has NO probable cause?.. THANKS

 

[kmn8799]

You also need to plan for your new landlord to raise your rent once the lease runs out. Next January seems like it's far away but it's amazing how fast time flies when dealing with a newborn.

Thanks I do plan on moving out, but right now is not the right time being that I will be out of work for a few weeks

 

[FlyingRon]

The term is not "probable cause." The fact is that he is bound by the original lease and if you show that you have a preponderance of the evidence that overwhelms anything he has to say on the matter most likely. Of course, you can expect that you will need to be out when the term is up.

He should also realize he is responsible for the return of the security deposit (which should be in a separate account anyway).

 

[kmn8799]

The term is not "probable cause." The fact is that he is bound by the original lease and if you show that you have a preponderance of the evidence that overwhelms anything he has to say on the matter most likely. Of course, you can expect that you will need to be out when the term is up.

He should also realize he is responsible for the return of the security deposit (which should be in a separate account anyway).

Thanks a lot!