This form is an Asset Purchase Agreement. The buyer agrees to purchase from the seller certain assets which are listed in the agreement. The form also provides a listing of certain assets which will be excluded from the sale. The form must be signed in the presence of a notary public.
Selling My Property With A Tenant In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-00418
Format:
Word;
Rich Text
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FAQ
Yes, the landlord can sell the property. If you have a lease, it must be honored by the new owner. If you have no lease, and are a month to month tenant, the new owner can ask you to leave, subject to whatever notification is required in your state.
In Florida, if you have a month-to-month lease and your landlord wants to sell, they are legally required to give you a written notice of at least 15 days before the end of your rental period. This means they can't just spring a move-out date on you. Let's say your rent is due on the first of every month.
The personal representative of a Florida estate can sell real property during probate administration.
On August 17, 2024, Realtors that represent Sellers are no longer required to offer commission to the Buyer's Agents. As a result, Buyers will have to sign a separate agreement with a Realtor.
Unlicensed Practice of Real Estate is a Third Degree Felony in Florida. Under Florida Statute 475.42(1)(a), the crime of Unlicensed Practice of Real Estate is committed when a person engages in real estate activities listed under Florida Statute 475.01(1)(a) without a real estate license for compensation.
No, your lease does not automatically terminate. In Florida, leases are typically “binding” on the new owner, meaning your current lease terms remain effective until the lease expires. However, the new owner can terminate your lease upon a 30-day notice, but they must provide cause for termination.
They can sell the house, and they can delegate someone else to be the 'owner' of the lease, but they can't terminate the lease. The lease stays with the property. The new landlords don't have to renew the lease when it's up, but they have to honor this original lease.
The landlord cannot make the late penalty too high, he cannot include provisions that make you forfeit your personal property without going to court, nor can he throw you out without going to court for nonpayment of rent. These are illegal provisions and will not be recognized by the courts.
The new buyer must honor the lease terms, including the rental amount, lease duration, and deposit terms. For month-to-month renters, the new landlord must still provide written notice (usually 15 days for month-to-month agreements under Florida law) if they want to terminate the agreement after the sale.