Lease option disageement

[jeninfl]

We entered a lease option agreement to purchase a property in FL in March 1999. I became pregnant and as of Dec99 was on maternity leave so the closing didn't go through. Since we should've closed by Dec.31, 1999 and were on mth-to-mth, she (owner) wanted to show property to other potential buyers. No problem here. Then she got an offer and wanted us to move. Again, no problem. Now she has come back saying she is suing us for a promissory note we issued which by the way was never filed (that's my main question...is it enforcable if never filed?). Also refusing to refund security deposit claiming damages never mentioned at the walk-through by her in laws (she is an absentee landlord in CA). There's even more, but I don't want this to be too long! Does anyone know about the enforcablity of that promissory note, as we feel she's broken her 1/2 as well?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jeninfl:
We entered a lease option agreement to purchase a property in FL in March 1999. I became pregnant and as of Dec99 was on maternity leave so the closing didn't go through. Since we should've closed by Dec.31, 1999 and were on mth-to-mth, she (owner) wanted to show property to other potential buyers. No problem here. Then she got an offer and wanted us to move. Again, no problem. Now she has come back saying she is suing us for a promissory note we issued which by the way was never filed (that's my main question...is it enforcable if never filed?). Also refusing to refund security deposit claiming damages never mentioned at the walk-through by her in laws (she is an absentee landlord in CA). There's even more, but I don't want this to be too long! Does anyone know about the enforcablity of that promissory note, as we feel she's broken her 1/2 as well?<HR></BLOCKQUOTE>

The prom note and any other type of agreement is enforceable even if not recorded. Even a deed and a land sales contract is enforceable even if not recorded. Recording is constructive public notice and the lack thereof does not change the intent and agreement of the parties. If the prom note was solely connected with the option to purchase which you did not excercise, you have a counterclaim. If on the other hand the prom note included rent and other costs associated with your tenancy and is entirely separate from the purchase of the property, you are liable.

The refund of your security deposit is an entirely separate issue and you should have received the Florida state required notice in the time frame required by law, as to the disposition of your deposit.

 

[Tracey]

The security deposit laws are very strict. If L missed her 15 day deadline, she can't charge you any money. If you missed your 15 day deadline to protest the charges, you can't dispute the charges. Write L (not her parents) and protest the charges & demand a full refund, as L has waited too long under FL state law to notify you of charges. Send the letter certified, return receipt. Then sue L in small claims court for the refund if she doesn't return all your money in 30 days. You'll get your filing fee, attorney fees, & costs of service added to your judgment. Be sure to plead the attorney fees in the complaint, if you have any.

Here's the FL security deposit law:

Title IV, Chapter 83
83.49
***
(3)(a) Upon the vacating of the premises for termination of the lease, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or in which to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:


This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address) .


If the landlord fails to give the required notice within the 15-day period, he or she forfeits the right to impose a claim upon the security deposit.

(b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.

(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.



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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.