Real Estate: Florida/Lease agreement broken by real estate agent
QUESTION: I entered into a lease agreement for 3 months on an ocean front/ ocean view 1/1, 6th floor. I paid a finder's fee, deposit and first months' rent. Prior to entering into the agreement, I made the real estate agent aware that I had 2 dogs, one small and one large. I even provided her with the breed and exact # of each. After I moved in, the condo manager began making erroneous complaints about my dogs. First I was told they made too much noise, then that there was dog hair left in the dryers. When I rebutted each, he then complained that my Boxer "scared the children". Again, the complaint was refuted when I had a witness that the only child we encountered had actually asked to pet both of my dogs. In any case, I received a text message on a Friday afternoon stating that I had to move out that same day due to continued complaints by the same manager about my dogs. The new complaint was that my boxer was "too big". The condo docs were posted in the elevators and after we were asked to leave immediately, a new copy was posted with a date that was changed with a pen mark. I moved into a "comparable" unit across the street: no ocean view,not ocean front, 2/2. She asked that I pay the same amount agreed upon for the original unit. When I told her this was not "comparable" and that I did not want to pay as much for a unit without a view, she gave no response. Is there any recourse that I have to at least stay where I am until I find something on my own that would be what I wanted/had in the first place?
ANSWER: In order for me to give you the answer you are looking for. I need to ask you a question so I can have a better understanding. This way I will be able to guide you correctly.
Is the apartment that you entered into the lease agreement located in an Condominium Association? Once I know that then I will be able to give you the correct answer.
My line of expert is condo rules and regulation. Now in your reply you said it was not a condo assoc. If that is the case then l will tell you that the reply you are looking for is more of a real estate civil issue which is something l will not be able to answer for you not being a Lawyer. Sorry l could not give you the answers you were looking for.
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QUESTION: It is a condo with the 'rules' posted in the elevator. After they demanded that I leave immediately, the document was changed with the origination date changed with a pen to reflect an earlier date.
OK now you are talking my language. First if it is a Condo Association then there are rules that the law has set in place. Condo law does not allow any board to change condo rule without going through a process. First a board meeting has to be called by posting a notice within 48 hours of the meeting. On the notice it has to spell out what the meeting is for. Now in most condos every condo owner has to vote if they want the rules to change. Notes have to be taken during the meeting showing the results. They the condo board contacts their lawyers who have to draw up the changes in what is called amendments. Once that is done. The board assoc has to sign these forms. The lawyer then registers these changes with the state. After that is done. A notice is sent to each condo owner that the rules are now changes this is the only way it can be done. The reason why boards do not follow the rules. Is because they feel people have no idea what or what not they can do so they do nothing about it. By the way this whole process can take months before it goes into effect. Now the most important thing you need to know is this. The place you were leasing. Who is the owner of the unit.? Does the association own the unit ?f or do they just lease it for the owner? I ask you this because the process effects the owner of the condo and not the renter. But no matter ,rules cannot be changed overnight or by posting a change overnight in an elevator. The rules of the State of Florida that very condo assoc must follow is called 718. (Look it up if you like for much more information.) Condos live by these rules and can adjust them from time to time by the process l lined out for you. That is why l was asking if this is a condo assoc which is my expertise. Now if this is a condo and there is a condo owner as a renter your rights are limited and you need to deal with the owner of the condo it self. You should have a lease which spells things out, either way no one can force you to move in 24 hours that is the law unless the unit is used as a drug house otherwise you have rights. I hope l outlined what you were looking for. If you have any more follow up l will be here for you. But remember you need to be sure it is a Condo Association. I say that because my answer is based on condo living