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According to the Florida Association of Realtors, in a study (poll) done, in LOS ANGELES – May 6, 2011 – More than three-quarters (82 percent) of independent landlords say they would rent to someone who lost a home in foreclosure, assuming the applicant traditionally had good credit, according to a survey released today by The National Association of Independent Landlords.
“Landlords typically won’t rent to applicants with poor credit – and a foreclosure will absolutely slam someone’s scores. The exception is when they see people who have paid their bills their whole life but lost their job, can’t meet their mortgage and must hand their keys back to the bank,” says Tracey Benson, president of The National Association of Independent Landlords.
Despite recent credit problems, Benson says applicants with a foreclosure can prove good risks, chiefly because they did once own their own home. “These people are used to taking pride in where they live.”
Increasingly, mortgage defaults stem more from lost jobs rather than borrowers who had a toxic mortgage they could not afford. A thorough background check usually indicates whether financial woes are part of a recent spate of bad luck or a life-long trend.
The National Association of Independent Landlords polled 563 members from March 21 through March 25, 2011.
© 2011 Florida Realtors®
My Landlord is not paying his association fees!
Your landlord has stopped paying his monthly maintenance / association / fees and the association is contacting you. From the onset of the foreclosure crisis we have been hearing this exact complaint. We have seen association limit the tenant’s right to use common area elements (pool, gym, parking, etc) or make claim on the rent payment normally due to the landlord; primarily because the association dues are not being paid by the landlord.
Well to be honest; your suspensions are probably correct; yes you have been paying your rent and your landlord has been pocketing the money and not paying his monthly maintenance dues and more than likely he is not paying the taxes on the property nor the mortgage.
So where does that leave you.
As far as the mortgage is concerned you are probable protected under the Protecting Tenants at Foreclosure Act 2009. But this blog is not about the mortgage it is about you not being to use the pool or the gym, etc because your landlord has decided not to pay the monthly dues.
Most condo boards are now requiring an addendum to be signed prior to occupancy which addresses this exact issue. The addendum; basically give the board the right to make demand that the tenant pay the condo board directly in the event the landlord does not meet their financial obligation to the board. This usually works out fine as the tenant simply pays the board and is unaffected otherwise, except for the initial shock of receiving a strange letter stating that this is occurring. However, I would certainly recommend addressing the issue with the landlord directly. Also, do not pay the association directly unless it is in writing, by the addendum or you have received instructions directly from the association attorney.
If there is no addendum in place for such an event I would strongly recommend seeking legal advice, should your rights as a tenant be infringed upon.
If the issue cannot be resolved quickly lease termination options should be explored; again with the help of a legal advisor. Once you find the next property be sure to ask your real estate agent to search public records for foreclosures on the property or other liens and ask the condo board what their procedures are in the event of default prior to entering into a lease.
Subletting or sub-leasing a rental unit / property is a very common question. As the leading rental brokerage in South Florida we often encounter this question. The issue of subletting arises in many instances. For example we often see roommates enter into a lease where they are jointly responsible for the lease obligations and in the course of the lease one roommate needs to move out for either a career move, economic reasons or perhaps the roommates simply didn’t get along. Another situation, although unfortunate often occurs; that is a divorce or separation. Sometimes a tenant simply bites a bit more than they can chew or they find themselves making less income than anticipated. In any of these situations a logical solution would be to either move out and sub-lease the unit or take on a new roommate and sublet part of the unit.
This process can be very tricky. A tenant or tenants must keep in mind that they may not have the right to sublet all or part of the unit. Keep in mind that the original lease will determine this right or lack of right to do this. If a standard Florida Association of Realtor and Bar Association lease was used then this issue would be addressed in paragraph XVI. If the box is not checked the tenant may NOT sublet the unit. If the box is checked then they may. Now if the box is not checked then the tenant may still appeal to the landlord to allow them to sublet the unit, in this case the landlord will still want to approve the tenant, and keep in mind that they do not have to release any of the original signers on the lease or their responsibilities under the lease agreement. Regardless of the arrangement which is made I strongly recommend getting the agreement in writing as an addendum to the lease. Also, do not forget to address the issue of any pre-paid rents or deposits; will they be transferred to the new tenant or will an additional deposit be requires.
An excellent source for landlord tenant law is the Florida Landlord Tenant Act.
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Renting an apartment is a very serious decision which warrants a great deal of attention before a final decision is made. When choosing an apartment to rent, renters have a variety of factors to consider including, but not limited to, price, size, location, amenities, whether or not they want a roommate and how long they want to stay in the apartment. Those who plan to rent an apartment should consider all of their options before making a decision to ensure they are making the best possible decision. This article will discuss the importance of considering all of the possible options as well as the possibility of having roommates and the importance of reading contracts carefully.
Consider All of the Possible Options
When renting an apartment, the renter should first investigate all of the options available to him to ensure he is able to make an informed decision. This is important because the renter may not even be aware of all of the available options until he starts to for an apartment. The best way to find out what type of apartments are available is to do some research on the Internet and in newspapers and rental magazines and then start visiting apartments which seem interesting. In visiting the apartments the renter will get a better idea of the size and types of amenities which are available in his price range. He will also begin to learn more about the types of amenities available. This is important because not all apartments will offer the same amenities. Renters may not find what they are looking for unless they visit a few places before making a decision.
Consider the Possibility of Roommates
Deciding whether or not to have a roommate or multiple roommates is one of the important decisions a renter will have to make. This is an important decision because roommates can make a living situation either significantly better or significantly worse depending on a number of factors. These factors may include compatibility of the roommates, ability to pay the rent and ability to assist in the household activities.
Having roommates can make an apartment more affordable. Often larger apartments may be more affordable for two people than a smaller apartment would be for one renter. Additionally, apartments designed for two or more people often have a larger overall living space with a larger kitchen, dining room and family room. This makes the possibility of roommates very appealing to some renters.
However, there are some caveats to making the decision to live with a roommate. Care should be taken to carefully screen potential roommates to ensure they are not potentially harmful. Strangers do not present the only potential roommate problems. Problems may even occur when the roommate is a trusted friend. In these cases, compatible living styles may be the issue. For example, if one roommate likes to stay up late and listen to music or watch television and the other roommate likes to go to sleep early there can be some conflicts if compromises are not made. Also, if one of the roommates is particularly neat and the other rather messy, conflicts may arise.
Read the Contract Carefully
Whether a renter opts to have a roommate or not and regardless of the type of apartment they select, the renter should be careful to read the contract before signing it. This is important because a rental agreement is a legal document and the renter should understand this document before they sign the agreement. Many renters may never need to know the exact information in their contract document but if a dispute arises, the renter should be aware of his rights. Additionally, the renter should pay special attention to any sections of the contract which specify the landlord’s ability to evict the tenant. Contract sections specifying the requirements of the renter are also very important. This may include requirements for breaking the lease agreement in the event that the renter has to move before the lease period ends.
A new law is being looked at in Washington which would allow borrowers of homes in foreclosure to remain in their current home, not as owners but as tenants. The “Right to Rent Act of 2010” or HR 5028 would do exactly this. The bill is designed to assist middle income famalies who are facing foreclosures on their curent homes. In short the bill would allow a homeowner to petition the courts to allow them to stay in the home at fair market rent as tenants. The “fair market rent” would be determined by a court appointed appraiser. There are also other qualifications for this law: the borrowers must have lived in the home for the past two years as a primary residence, they must have acquired this loan prior to July 1, 2007, the home must have been purchase with in the median home value in its market as determined by the National Association of Realtors. In addition, the borrower would have to petition the court for the right to rent within 25 business days from receiving their foreclosure notice.
This law is aimed at assisting middle class homeowners in foreclosure. Their monthly expenses would be decreased allowing them to regain a foot hold on their finances, in addition the real estate market would be assisted by keeping vacancy ratios lower than anticipated. The lenders are also expected to be encouraged to be more likely to perform loan modifications in order to avoid becoming landlords.
For a complete property search for sale including foreclosures log on to: www.arealtyteam.com
South Florida Brokers & Associates, Inc.