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

[Drobner, David S.]

2 witnesses on the lease?  Hey, you never know...

 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Law Offices
of Scott A. Frank
Sent: Tuesday, September 06, 2011 11:36 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] I am just full of interesting questions these
days

 

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 

sfrank at saflaw.com

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

 

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