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I am buying my home buy owner and my mortgage holder is mad that I rented it out. So today she gave me a 30 day notice that I need to get insurance which I have just dont have the paperwork yet. She now wants personal info about my son's school and my job because the neighbors there think I no longer live in Florida. She wrote in the notice that ive lied to her inwhich I haven't she just beleives people i barely know. But she said something about a Florida statutes that I broke so the agreement is void because we no longer live in the home. She thinks im screwing her over but shes getting her money and there is nothing in the agreement saying that I cant rent it out or that I have to live there. But I did live there for over a year.
You should be ok in your desire to rent the house you purchased.. If your name is on the title deed, you are the owner of the house, she has a lien against the property not a property or title deed to the property. In this case the house is the collateral in her lending you the money to buy the house, thus the lien outlining the collateral. Most conventional and federal mortgage lenders require that you complete a mortgage loan application. In this mortgage loan application you are requested to indicate the purpose of you buying the house. Your options are #1. Primary residence #2. Rental/investment property #3. Second home Depending on which you check would determine your interest rate. If you check the box indicating this would be your primary place of residence, your loan docs would normally require you to reside in the property for a minimum of 2 years. In most sale transactions a person carrying the mortgage loan would not normally have these options, for you to select. Since this is the case once the transaction close, you are able to do as you please with the house. The person that carried your mortgage is a mortgage lender. If this was not a requirement in the documents you signed to lay out the parameters of the mortgage loan, she has problems as you are able to rent the property from day one. Even if you had a conventional or government mortgage with these clauses in them, if your job or other circumstances could cause you to move and rent your house, thus avoiding the 2 year live in requirement. You are not required to provide personal information about your son, your plans as to what you are gonna do to the house. She is a mortgage lender. You are not required to prove anything to her about your living or not living in the property. If there is a Florida law that require you to provide insurance to a mortgage lender, you might be required to provide this type insurance policy if there is a law that require it. As long as you are paying the monthly mortgage you are able to let the house sit there an rot. Tell your mortgage lender to kick rocks and stop harassing you, other wise you would be required to obtain a restraining order against her. If you are leasing/renting to own this is a different situation all together. Make sure your name is on the title deed and it is properly recorded at the county recorders office. I hope this has been of some benefit to you, good luck. "FIGHT ON"
There's no Florida Statute that prevents an owner from renting property he owns. Now your mortgage may have a prohibition against renting. Google Florida Statutes Chapter 83, Part 2 if you're going to be a landlord. Now your mortgagee is correct in requiring a copy of your insurance and she should be named as loss payee.
Most mortgages are for owner occupancy. They require you live there for 2 years. If you get a loan then turn around and rent it out then yes you lied. The rules are different for buying rental property. You need to have insurance showing the lien holder as loss payee.
In order for a ;legal rental you need renters insurance *(for the owner) the lease should state renter/lease must have the renters insurance too btw You must take proof of proper insurance to the county - not sure what dept but ours is net to business license and register it as a rental for it to be a legal rental. Most invests that fail because they do not follow HUD advice that you do not touch any rent money until as lest 4 quarters which is a year - deposits have in go in a separate account and ca not be touched for any reason until renter has moved the clean up and repairs are done from it period (that's law) At the end of your first full tax year - then you can pay out for repairs manager the end of 2nd full year you can then take out dividends or every quarter tax period out so much again HUD so investment still is happen that first year for repairs. The 3rd year and later is when you remodel replace the roof ect but if you take too much out see you always want to leave enough for replacing the carpet every 10 years or when your state requires you do, paint too. Your LL tenant laws ad rights and how to's are on the Port Saint John Dept of consumer affairs web site
By law you can not rent her house out, she is very correct. You can only rent out property you personally own. If the deed is not in your name you were not within your legal rights to move anyone at all into the property. She does not need anything legal in her lease contract. Since it is illegal for you to rent out her house it does not need to be in any contract.
Rent To Own Home -
You do not own the house yet and you likely had no right to rent it out. Re-read your contract and make sure it allows you to sublet.
It says nothing about subleases. It's all about payment. Nothing else.