[RPPTL LandTen] I am just full of interesting questions these days

[Law Offices of Scott A. Frank]

I think I know the answer to this one, but . . .

 

Was just given this scenario by a residential real estate broker friend:

 

Homeowner leases out his house to a "friend".  Charges $1,000 per month
(market is around $3-$4,000), and the lease states that the rent is to be
paid to the HOA (dues are around $1,000 per quarter but there is a $12,000
balance).  Tenant is responsible for all maintenance.  House is not in
foreclosure, or even under threat.  Lease term is for three years.

 

After 4 months, a falling out occurs.  Landlord wants to sell the house.
Tenant, knowing the sweetheart deal, says heck, no, I ain't moving.  T is
paying association on time and maintaining the house reasonably well.

 

So is Landlord screwed (no good deed goes unpunished)?  I don't believe
there is a true failure of consideration here, but could LL make the
argument anyway?  Any other thought that I am missing?

 

And, what happens when the HOA is paid up to date?

 

Thanks again.  It's been that kind of a couple of weeks.

 

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

7781 NW Beacon Square Boulevard, Suite 102

Boca Raton, FL 33487

p:  (561) 372-7860

f:  (561) 423-5721 

 <mailto:sfrank at saflaw.com> sfrank at saflaw.com

 <http://www.saflaw.com/> www.saflaw.com

 

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