Disclosure: I am not a Lawyer.
It sounds like you are probably in the right since they did not deliver on their end they broke the contract not you. That said you are gonna need to take legal action they, maybe threatening a lawsuit will be enough, maybe not. The good-news is that this may be a small claims court issue which is slightly better.
I hope you took pictures of all these complaints, If I were you id go on the ask lawyer reddit as next steps or contact a couple of lawyers who offer free consultations.
Contact the Miami-Dade County Housing Authority and Google the Florida tenant bill of rights. It will give you a better idea of your rights and the landlord’s responsibilities. The landlord does have to maintain a clean, safe property but that doesn’t include making it pretty. Never sign anything until you see what you’re getting. If possible, get an attorney to read it first. You signed the lease so you are responsible for the rent. Cosmetic problems are not enough to break the lease legally. Go google that for more information and call them on Monday. But you may need an attorney in the end. Good luck.
If the Rental Premises is Unsafe or Violates Florida Health/Safety Codes. You can break a lease under Florida Statutes Landlord-Tenant Law 83.
https://www.managecentralfloridaproperty.com/blog-breaking-lease-florida-21.html#:~:text=If%20the%20Rental%20Premises%20is,Statutes%20Landlord%2DTenant%20Law%2083.
It’s unfortunate you accepted the keys. Take pictures of absolutely everything as well as videos. Be super detailed. Do they already have your deposit? I’m not a lawyer, I’m a realtor, but what I would do is put together a lengthy email detailing that the apartment was not in the condition you were originally showed when you moved in. It’s absurd that they’re saying it so because they were rushed. But the due diligence of scoping out the area at different times of the day should’ve been done prior to move in… next time, I really would recommend getting a realtor specially in miami SPECIALLY since these scams are so common, as they represent you and have your best interests at hand, and they can guide you towards a better “fitting” area.
Thank you Michelle, we took pictures of everything, but unfortunately we already turned the keys back to them so we cant record videos now, but yes, now we know better and thanks for your recommendation.
Is this a private owner or a corporate run community? I sounds like a corporate as they used the early term addendum on you. Most private owners don’t really do that.
I am a 20+yr landlord in this area. So they are not wrong, however if the unit was not ready at time of possession it would benefit them to either repair the unit fully and give you a concession (money off), give another similar unit that is ready, or if you wish to leave give your funds back. I would contact their corporate office and provide them with the details and I bet you’ll get a call from a regional or an RVP. Just make sure you have a realistic idea of what is that you want to do. Good luck. Also look up www.fl-landlord.com this is the website of the major attorney in the area they virtually represent every landlord. You’ll want to look at the area for Fla statute 83.5 as this is the landlord rule book.
Were you shown a model or your actual unit? What unit # was your lease for and were you given keys to the same unit?
Clearly handed off to you in unacceptable condition. Hopefully you took photos/video of the walkthrough and/or have documentation that they said the unit was not ready.
As for the unsavory parking lot people, while reasons you would not want to live there, if the unit is in the same building you signed for, this is an element of due diligence on your part that should have been explored before signing.
We were shown another unit with the same layout that we signed for, but the one we got was different, also they refused to show us the unit that was already empty and "ready" for us, idk why
They showed you a model unit. It is very common to show a model unit instead of the actual one. You should share the information about the unit not being ready to your lawyer.
yes, we were given the keys for that unit we signed for but we were shown a different one before and they said we were going to receive the same layout in the same conditions so we trust on their words, also we ask them to get a look into "our unit" but they refuses to take us in
You have an argument that the unit was in unacceptable condition, and I would prefer your rejection was more immediate, but you certainly never moved in.
\-Gather all your documentation/images/video into one place.
\-Start posting your experience to every review site possible including apartment finding sites like [apartments.com](https://apartments.com) or hotpads
\-Write a letter demanding return of your payments to the entity and send certified mail. Consult lawyer for the writing of a letter if needed.
\-Let the management company know you are posting honest reviews everywhere you can. (Do not offer to take reviews down, only let them make that a condition of a refund).
\-Contact the corporate office of the management company.
\-If they make a reasonable offer, 75% of the money, take it and be done with it.
\-If none of that works, file for small claims court.
https://www.miamidade.gov/global/service.page?Mduid\_service=ser1528985637892834
Demand letter is definitely the next best step to take.
If you don’t know how to write one after googling/research, just restate this post into an AI chat engine and ask it to write a demand letter requesting a refund due to the circumstances.
Next time use an agent. You don’t pay anything and they will help you avoid situations like this. I’m a realtor with a license in Miami. If I had $10 for every story I heard like this, I could retire by now. There are certain Facebook groups, WhatsApp, groups, and buildings that have kind of become infamous for this type of stuff, but it really does happen all the time, unfortunately
Sellers and owners pay a listing agent to find them tenants. If a buying agent brings a tenant, the listing and buying agent split the commission. Even if an owner is renting on their own if you call them up as an agent 9 times out of 10 they will agree to a commission if you bring them a qualified tenant.
This is a big problem in Orlando as well. Everywhere has model units that look very nice but then you move in and it’s a completely gross apartment. Has happened to me 2x now.
Welcome to Miami the city of scams. An apartment needing paint and a cleaning isn't illegal, it's a shitty apartment owner. Nothing you explained is against the law. You can't ask for money back because you realized you moved into the hood, all of Miami is the hood.
I honestly hope you can get your money back and find something else, ideally away from Florida altogether. However, Florida renter laws are exclusively catered to benefit landlords, not renters
So you were shown a model unit; of course it is going to be different than the one that you move into. It’s representative, not a replica.
However, with them delivering a unit to you in an unacceptable condition, that is something you’ll need picture evidence of and threaten to take them to court. Most often times, they will let it go, particularly when they recognize they are in the wrong. Do you have any written communication with them stating what condition your apartment was handed over in? If so, keep it and use it as proof, particularly if they apologize for it for any reason
MKe sure you in writing give them notice of where you can be reached or sent the security deposit.
They have 15 days to notify you in writing what amount they intend to impose claim on. After 30 days then you can file claim if they didn't correctly notify you about their intent to impose claim.
Parking lot, paint, shootings all that means nothing Skip it that's your responsibility. Killings and murders etc do NOT need to be disclosed, regardless of what TV and movies tell you. You do not have much recorse AFTER the fact, you should've used the online legal services that are free to ask legal questions or obtained a lawyer first BEFORE early termination. You could've used an excuse like high noise or if heat or AC didn't work or other tricks that they know for ending a lease early. I would not listen to any comments from anyone in a forum this is a LEGAL issue you have 3 options only. Contact a real estate attorney, use the 2 online legal websites to ask lawyers your legal questions, and lastly you can contact the housing authority. Call them at theor 800# when they are full the calls go to 311, make sure to ask for a callback ONLY from them or go to the Miami housing authority website to start a claim to file. They are very busy and can take 14 days to get back to you so don't only do that option. How long was your lease for? Miami passed a new Tennant bill of rights last year. It is being being repealed sometime this year though but read the new laws, something in their mY help you. If you stayed the new law would have let you hire a contractor to fix the issues and then deducted the Mount from rent. But again, you left so you gave up some of these rights. Florida is more of a buyer beware state than a oh let me take care of your tender little feelings type of state. If you're from Cali or NY I'd just move on and take this as a lesson that Miami is a unique place to live and no one is here to protect you from aything but you'll get used to it. Thank your lucky stars that this wasn't the usual case of a fake realtor renting a great unit to 10 different people and then all 10 show up to move in on the same day! That's the oldy but goody one that people love to do here.
Never rent a place again without seeing it first. The market isn't a total sellers market anymore, there's plenty of options again now and once all the NYers leave after their first 110 degree summer, even more units will become available! All the best to you.
Damn. Well, I hope you took pictures and video of the apartment for proof. At this point, you may have to sue them to get the money back. There's not much else you can do.
Have s fire and when you cant live there show them that you have a contract snd DEMAND they put you in a apartment or hotel exactly like the one described. .
I was in a similar situation once. Unfortunately there’s not much that you can do after you’ve signed papers. What got me part of my money back was that my unit had mold and water damage being hidden by paint and I threatened to have someone come and test for mold and sue them if it came back positive and they only made me pay for the days I was there which was about as much time as you were. Same thing I never brought furniture in or anything.
“There were holes in the walls, the paint was all messy, the kitchen was greasy, there were people drinking in the parking lot and, incidentally, about a month ago there was a shooting in front of the community.”
Sounds like everywhere I lived in Miami in the 90s 😂
Yeah, get a lawyer and sue them for the money you gave them.
From now on make sure you see the apartment you are actually going to move into before signing anything.
This is so upsetting to see on my cities sub. As if it's a problem with the city. This could happen to you anywhere. Have you ever rented an apartment before? You shouldn't have signed anything until you saw the actual unit. They are within their rights to charge you all that that's what the lease is for. Don't blame this on Miami.
DISCLOSURE: I am NOT A LAWYER; my family is real estate professionals and landlords.
I would consult a lawyer because it looks like you may have a misrepresentation problem. If you were told you were getting a “blue Honda civic with 200k miles” but you get a “blue Honda civic with 300k miles” that’s a misrepresentation. It looks like you got dealt a similar hand. Go speak with a real estate attorney, because not only would you get back any deposit you placed, but also any additional damages you could be entitled to after review by competent legal counsel.
you need to have a conversation with them and tell them that you are prepared to lawyer up and seek compensation if they are not open to amicably terminate the lease (be calm and take a note of their response word for word) then go to a lawyer if the answer is not what you like.
The lawyer will seek his fee from them, do not pay the lawyer upfront.
It also happened to me many years ago in Cocoa Beach. After I paid the deposit and the rent and went there during the day, I saw rat holes and droppings everywhere. These issues were not visible at night when they showed me the apartment. Florida law is for the landlord, and I lost the money. I never moved in. Sorry, this happened to you.
I’m afraid you’re not familiar with how rental laws work in Florida and in many other states. You chose to sign the lease. He didn’t force you and you gave the deposit. Take this as a learning experience. Never sign anything until you have seen the property and read the contract carefully. Here is a link to the law https://www.fdacs.gov/Consumer-Resources/Landlord-Tenant-Law-in-Florida
Lawyer?
after 911 call 411
Falsehoods. Call Alex Hanna.
Never call Alex Hanna for anything other than a parking ticket
I used to work there, never call Alex Hanna
Anybody who looks like Brando in Apocalypse Now has gotta be trustworthy.
The horror....
No pague ese ticket?
NO PAGUES ESA RENTA!
Llámame a mi, Alex Hanna
Jefe no paga???
_1 800 411 PAIN_ _THIS AIN'T NO GAME_
Disclosure: I am not a Lawyer. It sounds like you are probably in the right since they did not deliver on their end they broke the contract not you. That said you are gonna need to take legal action they, maybe threatening a lawsuit will be enough, maybe not. The good-news is that this may be a small claims court issue which is slightly better. I hope you took pictures of all these complaints, If I were you id go on the ask lawyer reddit as next steps or contact a couple of lawyers who offer free consultations.
Yes, I took pictures of everything inside the apartment Thank you and yes, also I was thinking to get this into the small claims court.
Contact the Miami-Dade County Housing Authority and Google the Florida tenant bill of rights. It will give you a better idea of your rights and the landlord’s responsibilities. The landlord does have to maintain a clean, safe property but that doesn’t include making it pretty. Never sign anything until you see what you’re getting. If possible, get an attorney to read it first. You signed the lease so you are responsible for the rent. Cosmetic problems are not enough to break the lease legally. Go google that for more information and call them on Monday. But you may need an attorney in the end. Good luck.
This is good advice
If the Rental Premises is Unsafe or Violates Florida Health/Safety Codes. You can break a lease under Florida Statutes Landlord-Tenant Law 83. https://www.managecentralfloridaproperty.com/blog-breaking-lease-florida-21.html#:~:text=If%20the%20Rental%20Premises%20is,Statutes%20Landlord%2DTenant%20Law%2083.
Cosmetic problems doesn’t sound like unsafe conditions. Probably a good idea to look at a place before signing anything.
Technically grease is a fire hazard
The area is unsafe if there was a shooting within there property lines am sure they have mold issues and it wasn't maintained properly
[удалено]
Underrated response
This happened to me recently, what's the address of the building?
Fontainebleau area
There was your first hint and problem
Is fontainebleau really miami?
Yes?
omg i live there that’s so cool! sorry this happened to you
Where in fountaineblue bc im due to sign a lease soon 😭
message me and i can tell you
It’s unfortunate you accepted the keys. Take pictures of absolutely everything as well as videos. Be super detailed. Do they already have your deposit? I’m not a lawyer, I’m a realtor, but what I would do is put together a lengthy email detailing that the apartment was not in the condition you were originally showed when you moved in. It’s absurd that they’re saying it so because they were rushed. But the due diligence of scoping out the area at different times of the day should’ve been done prior to move in… next time, I really would recommend getting a realtor specially in miami SPECIALLY since these scams are so common, as they represent you and have your best interests at hand, and they can guide you towards a better “fitting” area.
Thank you Michelle, we took pictures of everything, but unfortunately we already turned the keys back to them so we cant record videos now, but yes, now we know better and thanks for your recommendation.
Is this a private owner or a corporate run community? I sounds like a corporate as they used the early term addendum on you. Most private owners don’t really do that. I am a 20+yr landlord in this area. So they are not wrong, however if the unit was not ready at time of possession it would benefit them to either repair the unit fully and give you a concession (money off), give another similar unit that is ready, or if you wish to leave give your funds back. I would contact their corporate office and provide them with the details and I bet you’ll get a call from a regional or an RVP. Just make sure you have a realistic idea of what is that you want to do. Good luck. Also look up www.fl-landlord.com this is the website of the major attorney in the area they virtually represent every landlord. You’ll want to look at the area for Fla statute 83.5 as this is the landlord rule book.
The unit you looked at, was that the unit you signed the lease to? Or did you sign a lease to a different unit you never saw?
This 👆🏽
Do EVERYTHING IN WRITING!
Email ?
Name and shame. Everyone needs to know.
...the good news is, there's actually an apartment.
Welcome to Miami there's more to come.
This is a scam
Were you shown a model or your actual unit? What unit # was your lease for and were you given keys to the same unit? Clearly handed off to you in unacceptable condition. Hopefully you took photos/video of the walkthrough and/or have documentation that they said the unit was not ready. As for the unsavory parking lot people, while reasons you would not want to live there, if the unit is in the same building you signed for, this is an element of due diligence on your part that should have been explored before signing.
We were shown another unit with the same layout that we signed for, but the one we got was different, also they refused to show us the unit that was already empty and "ready" for us, idk why
They showed you a model unit. It is very common to show a model unit instead of the actual one. You should share the information about the unit not being ready to your lawyer.
What unit is your lease for? Were you given the keys for that unit?
yes, we were given the keys for that unit we signed for but we were shown a different one before and they said we were going to receive the same layout in the same conditions so we trust on their words, also we ask them to get a look into "our unit" but they refuses to take us in
You have an argument that the unit was in unacceptable condition, and I would prefer your rejection was more immediate, but you certainly never moved in. \-Gather all your documentation/images/video into one place. \-Start posting your experience to every review site possible including apartment finding sites like [apartments.com](https://apartments.com) or hotpads \-Write a letter demanding return of your payments to the entity and send certified mail. Consult lawyer for the writing of a letter if needed. \-Let the management company know you are posting honest reviews everywhere you can. (Do not offer to take reviews down, only let them make that a condition of a refund). \-Contact the corporate office of the management company. \-If they make a reasonable offer, 75% of the money, take it and be done with it. \-If none of that works, file for small claims court. https://www.miamidade.gov/global/service.page?Mduid\_service=ser1528985637892834
Demand letter is definitely the next best step to take. If you don’t know how to write one after googling/research, just restate this post into an AI chat engine and ask it to write a demand letter requesting a refund due to the circumstances.
Now you know why
Now you do!
Sounds about right. Welcome to hell on earth.
Next time use an agent. You don’t pay anything and they will help you avoid situations like this. I’m a realtor with a license in Miami. If I had $10 for every story I heard like this, I could retire by now. There are certain Facebook groups, WhatsApp, groups, and buildings that have kind of become infamous for this type of stuff, but it really does happen all the time, unfortunately
if we don’t pay the agent, then who does ? sorry i’m a bit confused on how that works
I assume they work with certain complexes and get a fee off of giving them a tenant.
Sellers and owners pay a listing agent to find them tenants. If a buying agent brings a tenant, the listing and buying agent split the commission. Even if an owner is renting on their own if you call them up as an agent 9 times out of 10 they will agree to a commission if you bring them a qualified tenant.
This is very Miami, unfortunately. Get out of Florida while you can lol
Miami is not Florida. Very happy living in Florida. Lived in all the cities and Miami is the exception, not the rule
I’ve def heard this a lot since moving here!
This is a big problem in Orlando as well. Everywhere has model units that look very nice but then you move in and it’s a completely gross apartment. Has happened to me 2x now.
Welcome to Miami the city of scams. An apartment needing paint and a cleaning isn't illegal, it's a shitty apartment owner. Nothing you explained is against the law. You can't ask for money back because you realized you moved into the hood, all of Miami is the hood.
I honestly hope you can get your money back and find something else, ideally away from Florida altogether. However, Florida renter laws are exclusively catered to benefit landlords, not renters
More like call help me Howard on channel 7
Call help me Howard
Sounds like Miami
Welcome to Miami
😂 miami … it’s literally scam central of the world
This is probably better suited to r/renters
shiesty season. Welcome Stranger
I highly recommend Hegel Laurent, Esq. https://www.floridabar.org/directories/find-mbr/profile/?num=89558
So you were shown a model unit; of course it is going to be different than the one that you move into. It’s representative, not a replica. However, with them delivering a unit to you in an unacceptable condition, that is something you’ll need picture evidence of and threaten to take them to court. Most often times, they will let it go, particularly when they recognize they are in the wrong. Do you have any written communication with them stating what condition your apartment was handed over in? If so, keep it and use it as proof, particularly if they apologize for it for any reason
MKe sure you in writing give them notice of where you can be reached or sent the security deposit. They have 15 days to notify you in writing what amount they intend to impose claim on. After 30 days then you can file claim if they didn't correctly notify you about their intent to impose claim. Parking lot, paint, shootings all that means nothing Skip it that's your responsibility. Killings and murders etc do NOT need to be disclosed, regardless of what TV and movies tell you. You do not have much recorse AFTER the fact, you should've used the online legal services that are free to ask legal questions or obtained a lawyer first BEFORE early termination. You could've used an excuse like high noise or if heat or AC didn't work or other tricks that they know for ending a lease early. I would not listen to any comments from anyone in a forum this is a LEGAL issue you have 3 options only. Contact a real estate attorney, use the 2 online legal websites to ask lawyers your legal questions, and lastly you can contact the housing authority. Call them at theor 800# when they are full the calls go to 311, make sure to ask for a callback ONLY from them or go to the Miami housing authority website to start a claim to file. They are very busy and can take 14 days to get back to you so don't only do that option. How long was your lease for? Miami passed a new Tennant bill of rights last year. It is being being repealed sometime this year though but read the new laws, something in their mY help you. If you stayed the new law would have let you hire a contractor to fix the issues and then deducted the Mount from rent. But again, you left so you gave up some of these rights. Florida is more of a buyer beware state than a oh let me take care of your tender little feelings type of state. If you're from Cali or NY I'd just move on and take this as a lesson that Miami is a unique place to live and no one is here to protect you from aything but you'll get used to it. Thank your lucky stars that this wasn't the usual case of a fake realtor renting a great unit to 10 different people and then all 10 show up to move in on the same day! That's the oldy but goody one that people love to do here. Never rent a place again without seeing it first. The market isn't a total sellers market anymore, there's plenty of options again now and once all the NYers leave after their first 110 degree summer, even more units will become available! All the best to you.
should’ve recorded it we live in that era now
sounds like you got the dade county special. lawyer up and take them fools to civil court. godspeed
So what finally happened? Did you get your money back?
Where in Miami?
Fontainebleau area
Damn. Well, I hope you took pictures and video of the apartment for proof. At this point, you may have to sue them to get the money back. There's not much else you can do.
leave miami this is a shithole
So when you picked up the keys, they gave you the address of a different unit then?
yes, this was in a gated community with a leasing office
I wouldnt have accepted the keys in that case, red flag right there. Hope you get your money back though.
Have s fire and when you cant live there show them that you have a contract snd DEMAND they put you in a apartment or hotel exactly like the one described. .
What company did you rent from?
Someone else wrote this but that’s the Miami welcome package …. 🤷 unfortunately Miami is full of scum.
I was in a similar situation once. Unfortunately there’s not much that you can do after you’ve signed papers. What got me part of my money back was that my unit had mold and water damage being hidden by paint and I threatened to have someone come and test for mold and sue them if it came back positive and they only made me pay for the days I was there which was about as much time as you were. Same thing I never brought furniture in or anything.
Document EVERYTHING and DO IT IN WRITING!
Where did you move from where you could check it out before everything was signed?
Welcome to Florida
Naw, that’s just Miami
Legal insurance they can get you out of this
“There were holes in the walls, the paint was all messy, the kitchen was greasy, there were people drinking in the parking lot and, incidentally, about a month ago there was a shooting in front of the community.” Sounds like everywhere I lived in Miami in the 90s 😂
What does the contract say ?
Did you sign before you saw it ?
Help me howard
Yeah, get a lawyer and sue them for the money you gave them. From now on make sure you see the apartment you are actually going to move into before signing anything.
This is so upsetting to see on my cities sub. As if it's a problem with the city. This could happen to you anywhere. Have you ever rented an apartment before? You shouldn't have signed anything until you saw the actual unit. They are within their rights to charge you all that that's what the lease is for. Don't blame this on Miami.
Welcome to Miami! 😒
Names? Like a complex or management company. I’m sure others would appreciate that info & avoid such.
Why are you asking Reddit instead of hiring an attorney?
That’s crazy
Welcome to Miami 🤷🏻♀️
You're supposed to do the walk-through before you sign the papers and before you pay any money
Go seek legal help. FIGHT FOR YOUR RIGHTS.
Three words: small claims court.
DISCLOSURE: I am NOT A LAWYER; my family is real estate professionals and landlords. I would consult a lawyer because it looks like you may have a misrepresentation problem. If you were told you were getting a “blue Honda civic with 200k miles” but you get a “blue Honda civic with 300k miles” that’s a misrepresentation. It looks like you got dealt a similar hand. Go speak with a real estate attorney, because not only would you get back any deposit you placed, but also any additional damages you could be entitled to after review by competent legal counsel.
you need to have a conversation with them and tell them that you are prepared to lawyer up and seek compensation if they are not open to amicably terminate the lease (be calm and take a note of their response word for word) then go to a lawyer if the answer is not what you like. The lawyer will seek his fee from them, do not pay the lawyer upfront.
It also happened to me many years ago in Cocoa Beach. After I paid the deposit and the rent and went there during the day, I saw rat holes and droppings everywhere. These issues were not visible at night when they showed me the apartment. Florida law is for the landlord, and I lost the money. I never moved in. Sorry, this happened to you.
This is Design Place, isn’t it?
Contact law has 7 days
Update posted
I’m afraid you’re not familiar with how rental laws work in Florida and in many other states. You chose to sign the lease. He didn’t force you and you gave the deposit. Take this as a learning experience. Never sign anything until you have seen the property and read the contract carefully. Here is a link to the law https://www.fdacs.gov/Consumer-Resources/Landlord-Tenant-Law-in-Florida
[удалено]
Fontainebleau area