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Currently Renting but looking into buying a home

Kissimmee, FL |

If you are in the state of Florida and are currently renting a home, if you purchase a home, are you legally responsible for the remainder of the lease? I have heard there is a law that says if you buy a home you are not accountable.

Attorney Answers 3

Posted

Attorney Fucillo is correct. You are obligated to fulfill the conditions under the lease agreement. If there is no buy-out or early termination clause, then you are bound to be responsible for the remainder of the rent. Sorry, there is no such law.

You can try to negotiate an early termination buy-out or you can give notice that you are not renewing and then move at the end of the lease.

If the landlord is not repairing items that he is responsible for, you can send a letter to him stating exactly what needs repairs and giving him seven days to fix them from the time he receives the letter or you will begin withholding rent or consider the lease terminated. If you do decide to consider the lease terminated once he misses the deadline, be prepared to move out, clean, and turn over keys to him.

Good luck!

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Posted

Yes, if you entered into a written lease you are responsible for the full term of the lease. If you are paying month to month and have no specific term, either party (landlord or tenant) can terminate the lease by providing written notice to the other party not less than 15 days prior to the end of the month. If you decide to purchase a house, it has nothing to do with any prior contractual commitments you may have entered.

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3 comments

Asker

Posted

Thank you for your assistance, the main reason I am looking to move is they are not holding up their end of the lease when repairs are needed. I have a list of things needing repaired in an email to them and their response was as if this is my responsibility to do normal wear and tear fixings. I have been in this home for 4 years never late on rent or anything else for that matter, however according to them all the home owner is responsible for is in their words: 83.51 Landlord’s obligation to maintain premises.— (1) The landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. However, the landlord shall not be required to maintain a mobile home or other structure owned by the tenant. According to your lease pretty much all other maintenance items are the tenant’s responsibility. We want to make sure the property is kept in good condition so we will often authorize a repairman to complete minor additional repairs if they are at the property for a repair that the owner is responsible for.Because the owner of a single family home rental does not have a full time maintenance employee on staff that can walk across the street and make a repair similar to apartment living; any and all active maintenance issues should be reported at the same time as it costs the owner a minimum of $55 for a service call. I am a bit confused considering they are the management company and I would believe they are paid to make repairs to the home?

Edward J. Fucillo

Edward J. Fucillo

Posted

Management companies are paid to manage the property, i.e., place tenants, collect rent, serve notices, and possibly find and hire companies to perform repairs. The management company itself is not the ultimate party that is responsible for the cost of the repair, the owner of the property is responsible. If you are renting a single family house or duplex, the landlord's obligation to repair and maintain the house can be modified by the terms of your lease. If you are not certain what you may have contractually agreed to repair, I recommend that you consult with a local attorney to review the lease agreement.

Asker

Posted

Thank you, I am now in touch with one.

Posted

My colleagues are correct. Your purchase of a house is independent of your obligations under your lease agreement.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

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