double jeopardy/ to lease or not to lease

This is a discussion on double jeopardy/ to lease or not to lease within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I live in Florida and turned one bad deal into. Please advise! T T he property I am renting is ...

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Old Jul 25th, 2008, 05:22 PM   #1
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Angry double jeopardy/ to lease or not to lease

I live in Florida and turned one bad deal into. Please advise! T
T
he property I am renting is in foreclosure proceedings. My lease expired July 1, 2008, but the property manager is stating that I am on a month to month contract and should continue paying rent until the house goes to auction. I told her that I would place any future rent beginning July 2008 rent in an escrow account and vacate the premises by July 31st 2008. I asked her to use the security deposit in the amount of one month's rent as the rent for the month since the home is in great condition. She said she would not, and that the landlord can do whatever he wants with my deposit money (after I asked her if the security deposit was in a separate account.) I sent them a notice of intent to vacate on July 14th by certified mail. The property manager tried to cut a deal where I pay July and half of August's rent and be out by the end of July. I did not respond so a three day notice to pay rent or deliver possession was placed in my door by the property manager on the 25th. My intention is to leave and since they are not giving me my security deposit back and even though it is to my understanding now after reading many many inquiries that the tenant is still responsible for rent even after foreclosure proceedings have begun, I want to know if this turns into an eviction and it is filed in the courts, can it affect BUYING a home in the future.

Also, I paid down on another rental so I can be at peace again, checked it out to see if it was in pre-foreclosure proceedings and everything. (OH BOY...) the property manager there agreed to fix up some things prior to the end of this month, but of course demanded a deposit and a couple of weeks past and it is almost the end of the month and she did not do too much of anything. I even painted the place at my own expense with the intention that she would hold up her end of the bargain which I know was stupid. (No need for you to repeat it...

I told her that I wanted my deposit back if these repairs and sch were not done. She has not done them and is now saying I will not be able to get my deposit money back. I did not sign a lease. Can she do this?

Thanks in advance for any help!
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Old Jul 25th, 2008, 07:27 PM   #2
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Default Re: double jeopardy/ to lease or not to lease

Didn't I just read this???

You cannot rent withhold. Foreclosure is not a habitability issue. It does not qualify for rent withholding. If you illegally rent withhold, you can be evicted. It is the same as non-payment of rent. That is why you received the 3 day notice.

You cannot use the deposit for rent in ANY state. It is not legal to do so. By law, the deposit may not be touched until after you vacate. No LL will allow this. I suggest you vacate and return the keys to the LL before the Pay or Quit notice is up or you will have an eviction suit filed against you. Once filed, even if later droped or you move out before a court date, it will continue to show up on your court record. Any future LL will see it. You will be denied housing in the future because of it.

I already stated that the other LL cannot hold your deposit if you have not signed a lease, He CAN hold it if it was termed a holding fee.
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