What to do about an invalid lease?
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What to do about an invalid lease?
My landlord is a condo association which rents townhomes per a court ordered Reciever. The problem is that I signed a lease with the condo associaion for a unit that the owner defaulted on association fees. Now I am finding out that the assocition did not get a court order Reciever from a judge and the owner actually still owns the property. The property has just been sold and I am now actually tresspassing on private property. Can I sue the condo association for faud and lying based on I signed a lease to rent this unit? And can I get all of my money back that I have paid in rent to it?
Asked on October 11, 2012 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could potentially sue the association for fraud IF they committed fraud--that is, if with knowledge or intent, they misrepresented or lied to you to induce you to enter into the lease. If they were innocent in that they simply did not understand the situation and thought they had the right to enter into the lease, there is no fraud.
If the lease is invalid because it was with someone (the association) with no authority to lease, it is void and you should be able to move out without penalty. You would most likelyl not be able to recover the rent paid to date, since you actually had the benefit of residing there--i.e. you have not suffered a loss.
You also could try to attorn to the actual owner, or enter into a landlord-tenant relationship with whomever is the actual owner of the unit.
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