All Forum Posts by: Account Closed

Joe Splitrock i was never looking to go after all the other money. I was only asking about the deposit. Both lawyers stated that I guess because that's what they read in the terms, who knows i never went to law school so I leave that stuff to them. I wasn't trying to get hung up on the lease that why I asked this question here.

Chris K. You are right that was my main question. The HOA approval process would have ended yesterday. The withdrawal was sent on Sunday. Just to be clear, I asked this question not to say I'm going to go to court and fight for the deposit or any money that could be given, I don't have time for that. I'm asking as a protection for myself what to do in that situation from a legal standpoint. What would I need to do to protect myself and of course, could anything be recovered while avoiding that according to the terms that were agreed upon. I was literally just trying to play by the rules of the agreements. I think you understand what I meant. I'll have to check around to see how much time a person has to rescind their offer in the state of Florida, just for my own knowledge. The applicant and I already moved on. They got their deposit back so there's no worries there.

Joe Splitrock you missed the whole part about the HOA not making a decision yet. The applicant withdrew before their process was complete.

James Wise yes I had a phone conversation with the tenant. She asked to withdraw said she her circumstances have changed. I said put it in writing and email to me. She send me a word document, with her name, dated sent from her personal email. The next day she sent request that she changes her mind with a word doc, through email. So there is provable documentation.

Domingos D. I have all those things written in the agreement and the contract to lease. The applicant is well aware of those terms.

David Moore yea, I definitely see both sides here. You have a business to run, is it worth fighting over the money and potentially going to court, of course not. I already decided to give the money back. But I ask this question here because I'm curious, at what point do you follow your own rules. I think if you are running a business you should also be firm as well, doesn't mean you need to be nasty. It seems like most people here are saying there's a time to follow your rules and there's a time not to.

Chris K. You almost have it right. Here's what's part of the problem, my HOA rules. My HOA requires a lease agreement prior to their approval, not the contract to lease. I have never heard such things and to answer the question of many others As to why I bought this property with this HOA, was because it was never intended to be a rental property. It was the home I lived in for 3 yrs. the process is a lot smoother when you are buying as opposed to leasing. So to get back to your question... The contract to lease was given as a form of an offer to lease. Once I did my screening of the tenant we both signed the contract to lease then proceeded to the lease agreement due to the HOAs requirement. So what I now have is a signed lease agreement not contract to lease.

@William Walker You have it correct.

@Samuel Awosolu I did use the contract to lease form by Florida Realtors. But my HOA requires that an executed lease agreement be turned in with the hoa application. So the applicant signed a contract to lease form as the offer. then we agreed to terms, signed the lease agreement and projected out about 45 days to the 1st of the next month for the lease term to begin. All contingent on HOA approval of course. because of the HOA approval process. This HOA process is crazy I know

@Patrisha Leybovich I am trying to follow my guidelines religiously, That's what a lot of people seem to be disagreeing with. In my case, how can I be more considerate to the applicant with my application procedure? I don't make the rules on the HOA approval process.