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I began renting a home in Deltona (Volusia County Florida) in July 2010. Paid my rental payments on time and even worked to fix up the property a bit as we intended on staying for a while to provide stability for our two children. What we didn't know is that the homeowner stopped paying the mortgage shortly after we signed the lease. Once our lease ran out, we contacted the homeowner who told us that she wasn't worried about us signing another lease and we could stay there as long as we wanted to since we were faithful with our rental payments. In mid 2012, the owner's son came to our home and had us sign another lease and promised to have a copy made which he would bring back to us. That was the last we heard from him. Now I have no proof that we were allowed to stay there besides the first lease agreement. Then last weekend, we got a notice on our door saying that the bank now has possession of the home and we needed to contact Remax as soon as possible to avoid eviction. I contacted them immediately and was told that I would be awarded $1,192 (Cash-for-Keys) if I agreed to move out in 27 days. Via email, I renegotiated and we settled on $1,616. The paperwork got here for us to sign agreeing to the new terms and I was told that I needed to do so IMMEDIATELY to stop the eviction process - red flag #1. The dollar amount was amended in pencil -Red Flag #2, but I signed and sent it back. My brother, who is a sheriff said that I shouldn't have signed it and should have gone to the courthouse to ask for an extension. Our lucky break may have happened yesterday when the bank rejected the amended agreement and had Remax send me a newly typed one. They told me at 3:39 yesterday that I needed to have it signed and turned in by 4pm - Red Flag #3. My husband was not able to sign since he works out in the field, so Remax asked me to sign for him - red flag #4! I have tried since Tuesday to find another place that will allow us to rent short term (4-6 months) so that my children could finish the school year here and then we can move back to Seminole County where we were happy. Unsurprisingly, we have had no luck there. I am wondering if I should just tell them to keep the money and continue with the eviction. Will that buy me another 3 or 4 months? Will that stay on my record or hurt my credit in any way? I am worried too that even if I agree to $1,616, their terms of "broom swept condition" is too broad and they can nit-pick on everything leaving me with little to no money at all. Surely someone can give me some information because Remax is being far to vague for me to trust this. Thanks in advance! -Jenna
@loanmasterone: No notices were ever given to me pertaining to the status of or even a hint to the fact that they were foreclosing on the home that I was renting. I was even curious at one point last year when the owner never gave me a new lease agreement. She had previously told me that CitiMortgage was who she had the loan through and that she was upsidedown in the house. So I called Citi to find out and they would not speak to me about it, understandably. When I said "vague", I was referring to the "broom swept condition" part, not the agreed upon time and money. There is no specifications on normal wear and tear on a home which worries me. They could say, "Oh sorry, this fixture fell off the wall. $150 deduction for that"... My gut instinct is to take the Cash for Keys money and figure out the kids school stuff as a secondary priority. However I am getting a lot of mixed reviews from family and friends in the police department, real estate agencies
Evictions in Gadsden take 2 weeks, not months. You will owe them their legal costs and the judgment will remain on your credit for 10 years. You want to avoid eviction. The bank has to let you remain, paying them full rent, if you desire. You will have to prove your rental amount, with your canceled checks. As long as rent is paid on time they can not start the eviction for 3 months. You will lose the cash offer though. I would recommend you take the cash. As long as you leave the place in reasonable condition they are not going to sweat and will write you a check for the full agreed upon amount.
The reason for the cash for keys is to have yo leave the property as soon as possible. Swept clean is in all the contracts of this nature. Your decision is #1. Do you take the cash and move with a clean tenant record Once you have found a place let RE/Max know that you have moved all your personal items, they will have a representative there with the check in the amount you have agreed to. They would request your keys as a formality, because they would have a lock smith with them to change the locks. #2. Do not take the cash, get evicted and have an eviction on your credit report. I don't understand vague, as you have a signed contract with a money amount in the contract. This should be an automatic decision on your part. You need to make a decision that favors you and your family financially. The house is not yours, eventually a law enforcement officer will arrive and have you place you personal items on the curb. I don't know how you just found out that the house was in foreclosure. Normally the foreclosure services would place notices on the property as to the stage the foreclosure is in, even if there is a tenant in the property being foreclosed on. I hope this has been of some benefit to you, good luck. "FIGHT ON"
On what basis would the bank start evicting you now? That's what I don't understand. You have a valid month to month tenancy and you pay your rent. What I believe they will do instead is give you the notice required to terminate a month to month tenancy (which, I believe, is 15 days prior to the expiration of the current monthly period). They already missed their opportunity to get you out by tomorrow, but they can give notice 15 days before March 1 to have you out. So you can either stay for about another month and get paid for it, or you can stay for another month and not get paid for it. I strongly suggest talking to someone who knows Florida law to confirm this--I'm just Googling Florida requirements. Also, does the paperwork specify if you have to pay February rent if you accept the cash for keys deal?
Take the deal and move. An eviction on your record is not a good thing. It will show up in your credit reports under "Public Records" for the next seven years. You will have difficulties finding another place to live. Good luck
The amount of time you will be allowed to stay will depend on how quickly the bank moves forward with your eviction. It could be as little as two weeks, or as long as a couple of months. If you have not paid the bank rent on time, you are behind and can be given a 72 hour notice to leave. When you get the 72 hour pay or quit notice, expect to be out within two weeks.
3 or 4 months? Not even close. Will buy you maybe 30 DAYS at best. Yes, an eviction will stay on your record and will damage your credit and you ability to rent any decent place. Take the money and get out. The alternative is much, MUCH worse.
You will have to move. Be sure to get a refund of your security deposit added to the "cash for keys." My daughter went through this, she was able to negotiate one month free rent. But she had to threaten a Small Claims Action to get a return of her security deposit from the original landlord. Depending on what state you are in as I can only speak for California but- if you have a lease for a specified time period a new owner, in this case the bank, must honor the terms of the lease. So, with a lease you are legally guaranteed occupancy until the last day of the lease period.
You are not being evicted. Your lease is being terminated. They dont have to pay you anything except as a convenience for them. Take the offer and move somewhere temporarily in the same area, even an apartment.
In the long run an eviction will make it difficult for you to re rent. Take the cash and move.
Take the money and run.