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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Submitted: 10 months ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Ray replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Customer: replied 10 months ago.
I have a Florida Real Estate questionBackground:I am currently in Sarasota County, FL. I am starting a new teaching position in Ft. Lauderdale on 28 Nov and needed the immediate occupancy that this property advertised. I signed a 12 month lease, on 19 Nov 16, for rental property in Broward County, FL and transmitted it back through email to the property owner. On this day, I obtained the owner's bank account number and directly deposited $1200 ($600 rent and $600 security deposit) into his account. I sent the deposit receipt by text and received confirmation by the owner that it was received. The lease reads that commencement of the contract will start on 25 Nov 16 and it was stipulated and agreed by text that the unit keys would be mailed to me for receipt on 23 Nov for commencement of occupancy on 25 Nov.Tuesday morning, 22 Nov, (starting at 0530) I received communications from the property owner that he submitted my application and signed lease to his attorney and was told that I needed to pay a $75 HOA fee for six months and one-half of the final months rent before I can receive the keys to the unit.I stated that I have a signed leasing contract that gives me the right to the property and the right to receive the keys without further conditions or payments, especially for fees that were not mentioned at any time prior to or during the creation and the signing of the contract.I informed that I would seek legal counsel before any statements or decisions; the same opportunity of legal counsel as he has already enjoyed. However, I didn't deny that I would pay the one-half of the last month's rent, but offered to pay it with the next payroll check after I earn it at my employment, starting this coming Monday. It was not my obligation, but I offered a brief two week delay in the half month rent payment in an effort to salvage the deal.His response was that I could discuss the HOA fees with my attorney, but that the partial last month's rent was nonnegotiable.I need to be settled and not incurring additional expenses such as motel rental fees when it is simply not necessary. I contend that I have a valid contract that grants me the right to occupy the property on the 25th, and that to deny me the keys is to deny me the use and enjoyment of the property which I have already paid causing a breach of contract. According to the lease, the lessor may notice the lessee of the termination of the lease, but must provide a two-month notice. I expect to be in this rental for, at least, the two months it will take for any impending termination to transpire, if any.Questions:Do I have a valid lease that allows me access to the property as originally agreed and if so, should the landlord refuse to supply the keys can I cause him to do so by possibly contacting Law Enforcement as it is legally my property to use?Would his attorney be able to attach an addendum or an amendment to the now signed lease agreement that will affect the contract to my detriment?Thank you.
Customer: replied 10 months ago.
I am familiar with Florida Statutes Title VI, Chapter 83 - Tenant and Landlord. I had indicated so on the preliminary questionnaire of this website and mentioned it specifically in the response that I had written to the property owner. The question I had stated, here, is more specific to the query of whom can I enjoin to enforce the lease so as to gain access to the property as stated in the lease. I know I have a valid lease and I know I can live on the premises for at least two months should the landlord wish to remove me, in accordance with the leasing contract. Without the keys, though, how will I get in and who can I enlist to convince the landlord that he must surrender the keys?
Customer: replied 10 months ago.
Are you currently working on my questions? I have no way of knowing if you are by looking around this webpage.