[Lillywight]

I've been a resident of an apartment complex in Florida (Altamonte Springs) for 3 years. About 2 months ago, I learned that the complex had been sold -- and a condo conversion was planned. My Lease expires 11/30/2005. On 10/6/2005, I was advised in writing that I would be on a month-to-month basis with no rent increase. On 11/2/2005, I was informed (again in writing) that I had to sign a lease -- with a rent increase ($25, $50, $100 per month depending on if I signed a 12 month, 7 month, or went month-to-month for a maximum of 4 months). I contacted management because, technically, I was not given 30 days notice for a rent increase -- and because I was angry with now being required to sign another lease when only 4 weeks previously, they wouldn't consider another lease. In any event, I advised management that I was not moving in 29 days (not even given 30 days) -- but asked for a week to decide whether or not to sign a 7 v. 12 month lease. I was told that wasn't a problem. This morning, I contacted management to advise them that because of the precarious situation at the complex, I was only comfortable signing a 7 month lease. I was immediately told that "no more leases would be offered" because it was confirmed that they were now "condo". I was told that I would be sent a letter outlining the conversion -- and would be then on a month-to-month basis (no lease) -- but I would be expected to vacate in 30 days after receipt of the notice from the owner that the property was going to be converted -- although they may consider allowing me an additional week to month to remain in my apartment (I am a single mother with 2 children). I have read the statute, and, it appears to me that the owner cannot force me to leave in 30 days after notice of the conversation is provide to me. Is my interpretation correct -- that they have to allow me 45 days (pro-rata rent to be paid after expiration of my lease for the days beyond my lease expiration) to determine if I will extend my Lease? And, if I choose to extend the Lease, I can do so for up to 270 days -- although I can choose a shorter period of time? Couple more questions -- if I choose to extend my lease (up to 270 days), do they have the right to increase my rent -- or am I interpreting correctly that it's at the same terms? Can they "non-renew" me before they provide me with a letter advising me of the conversion (i.e., send me a 30-day non-renew letter and never give me the letter advising of the conversion)? By the way, I have never had a complaint against me in 3 years, and was late on my rent only once . . . Okay -- if they still insist that I move in 30 days and commence eviction proceedings, what course of action do I have? Thank you.

[Mr. Knowitall]

The statute provides,

When existing improvements are converted to ownership as a residential condominium:

(1)(a) Each residential tenant who has resided in the existing improvements for at least the 180 days preceding the date of the written notice of intended conversion shall have the right to extend an expiring rental agreement upon the same terms for a period that will expire no later than 270 days after the date of the notice. If the rental agreement expires more than 270 days after the date of the notice, the tenant may not unilaterally extend the rental agreement.

(b) Each other residential tenant shall have the right to extend an expiring rental agreement upon the same terms for a period that will expire no later than 180 days after the date of the written notice of intended conversion. If the rental agreement expires more than 180 days after the date of the notice, the tenant may not unilaterally extend the rental agreement.

(2)(a) In order to extend the rental agreement as provided in subsection (1), a tenant shall, within 45 days after the date of the written notice of intended conversion, give written notice to the developer of the intention to extend the rental agreement.

(b) If the rental agreement will expire within 45 days following the date of the notice, the tenant may remain in occupancy for the 45-day decision period upon the same terms by giving the developer written notice and paying rent on a pro rata basis from the expiration date of the rental agreement to the end of the 45-day period.

(c) The tenant may extend the rental agreement for the full extension period or a part of the period.

(3) After the date of a notice of intended conversion, a tenant may terminate any rental agreement, or any extension period having an unexpired term of 180 days or less, upon 30 days' written notice to the developer. However, unless the rental agreement was entered into, extended, or renewed after the effective date of this part, the tenant may not unilaterally terminate the rental agreement but may unilaterally terminate any extension period having an unexpired term of 180 days or less upon 30 days' written notice.

(4) A developer may elect to provide tenants who have been continuous residents of the existing improvements for at least 180 days preceding the date of the written notice of intended conversion and whose rental agreements expire within 180 days of the date of the written notice of intended conversion the option of receiving in cash a tenant relocation payment at least equal to 1 month's rent in consideration for extending the rental agreement for not more than 180 days, rather than extending the rental agreement for up to 270 days.

(5) A rental agreement may provide for termination by the developer upon 60 days' written notice if the rental agreement is entered into subsequent to the delivery of the written notice of intended conversion to all tenants and conspicuously states that the existing improvements are to be converted. No other provision in a rental agreement shall be enforceable to the extent that it purports to reduce the extension period provided by this section or otherwise would permit a developer to terminate a rental agreement in the event of a conversion. This subsection applies to rental agreements entered into, extended, or renewed after the effective date of this part; the termination provisions of all other rental agreements are governed by the provisions of s. 718.402(3), Florida Statutes 1979.

(6) Any provision of this section or of the rental agreement or other contract or agreement to the contrary notwithstanding, whenever a county, including a charter county, determines that there exists within the county a vacancy rate in rental housing of 3 percent or less, the county may adopt an ordinance or other measure extending the 270-day extension period described in paragraph (1)(a) and the 180-day extension described in paragraph (1)(b) for an additional 90 days, if:

(a) Such measure was duly adopted, after notice and public hearing, in accordance with all applicable provisions of the charter governing the county and any other applicable laws; and

(b) The governing body has made and recited in such measure its findings establishing the existence in fact of a housing emergency so grave as to constitute a serious menace to the general public and that such controls are necessary and proper to eliminate such grave housing emergency.

A county ordinance or other measure adopting an additional 90-day extension under the provisions of this section is controlling throughout the entire county, including a charter county, where adopted, including all municipalities, unless a municipality votes not to have it apply within its boundaries.

Did you provide written notice of your intention within 45 days of your receipt of notice of intended conversion? (Are you still within that 45 day period?)

[Lillywight]

Thank you for your response. I have not been provided with an official letter advising of the conversion.

I am concerned because my Lease expires 11/30/2005 -- and I will then be month-to-month. If I'm month-to-month, will I still have the 45 days to advise in writing of my request to extend my Lease? I've lived there 3 years -- much longer than the 180 day period.

[aaron]

The statute requires you to exercise your option within 45 days of your receipt of the notice of intented conversion.

[Lillywight]

If I am on a month-to-month Lease by the time I receive the letter of intended conversion, since I've been there 180+ days, will I be allowed to exercise my right to extend the lease as long as I respond in writing within 45 days?

[aaron]

The statute states, "In order to extend the rental agreement as provided in subsection (1), a tenant shall, within 45 days after the date of the written notice of intended conversion, give written notice to the developer of the intention to extend the rental agreement." Your notice of your intention to extend the rental agreement would have to comply with that provision.

[Boris]

My apartment complex is being converted to condos but there is no official notifications. They have notify me about my lease renewal. They will only give a lease for seven (7) months. I had a year lease. Do they legally have the right to give only a 7 month renewal lease?

[tekman67]

I'm writing to support the person from Altamonte Springs who is being essentially jerked around by the new management company. I think the loop hole here is that they are refusing to give "official notice" in writing. And the residents who are coming up on lease renewal in this time period are getting hosed. I belive I recognize the woman's story that is accounted above. She went down three times to renew a lease and three time she was told a differant story about month to month with no increase, then changed to lease with an increase, then again no lease but month to month with an increase. Residents are being treated very poorly and they are starting major renovations while residents are still in the apartments ie ripping out plumbing and essentially telling us in writtin notice that we have no choice but to live with it and deal with the mess after with only very basic wall patches.

My question is this, what rules or laws are in place to protect rentors who are caught up in this process when the new management is intentionally withholding the "conversioin" notification.?