You find an apartment, a condo, or a home to rent. You've already forked over the cash, a security deposit, and maybe even the first and last month’s rent. You even have a lease and set a date to move in.
Then you discover there is still someone living in your apartment and you don’t have anywhere to go.
“The wrongdoer is allowed to get over while the basic consumer like me gets the short end of the stick”, said Dan Stoltz, prospective tenant at the Yacht Club.
At the Yacht club, off of Brickell in downtown Miami, he planned on living on the 31st floor. He even got a lease with a date to move in on July 14th. He paid a a non-refundable application fee and $1000, in all more than $1200. Only to find out there's someone in his unit.
“The resident that was in the apartment was supposed move out on July 10 but he did not. My move in date just got pushed to the side”, said Stoltz.
Stoltz already gave notice at the home where he's been living, so soon he's got to leave, and right now doesn't have a place to go. In spite of the lease, both Stoltz and the Yacht Club management say they're being victimized by a hold-over tenant who, so far, won't get out.
The Yacht Club said that the tenant even reserved the elevator to leave but didn't follow through. And now management is trying to evict him, but that could take weeks.
Legal experts say this is a growing problem in the still-tough economy with tenants.
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“There are many people just trying to maintain the status quo”, said Glenn Widom, a real estate attorney.
Widom also said that unfortunately there's not much Stoltz can do.
The Yacht club said Stoltz can have his money back, stay in another apartment until they get the hold-over tenant out, and they'll help him with his move.
What can you do to head off problems if you're about to rent?
If there is an existing tenant, Widom advised, make sure you've spoken with them and done what you can do to be sure the unit will be available when you want to occupy it.
For more information visit www.businessattorneyflorida.com.
