We are renting a home from my boyfriends uncle in Florida He recently stated that?

Question

he has to give the bank a decision in 2 weeks of what he is going to do with this property. This is consider his Homestead and he isn't supposed to be renting it out, all utilities are in his name that we pay to the companies. He isn't giving us the full truth and he still wants to collect rent from us. How long do we have until we are told to leave and do we still have to pay him?

Answer 1

Homestead doesn't mean he can't rent it out. It means he can't protect it in bankruptcy or in dealing with bank re foreclosure as owner occupier with homestead rights.
As long as you are in house, you have to pay rent.
Maybe BF needs to speak to his uncle (and maybe Mom or Dad) and get the straight dope from him

Source(s):

real estate investor

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Answer 2

You have to pay rent as long as you are occupying the house, regardless of anything else in your situation.

I get the impression from your question that you two have made the big mistake of not having a written lease with the uncle. So, in most jurisdictions you have a month-to-month tenancy. He can give you 30 days notice to vacate, and can start eviction proceedings after that or if you stop paying rent.

His dealings with the bank have nothing to do with "homestead" and renting. The bank can not change the terms of his loan and demand prepayment if he had lived there for more than a couple of years and then decided to rent it out.

So, it sounds like he is planning on selling, or maybe even allowing the bank to foreclose. In any case, you need to pay rent while you are under the roof, and be prepared to move if/when he gives you notice. I'd start looking for another place now if I were you.

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Answer 3

In Florida, he is getting a homestead deduction on his property taxes. By renting it out, he legally is not eligible for the homestead tax break. Rental properties pay full property tax with no tax break. That is one of the reasons he is not supposed to be renting out and claiming it as his homestead.

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Answer 4

The homestead issue will not prevent the uncle from evicting you if he chooses when you stop paying rent,

It seems there is a conflict between you and your boyfriend and his uncle i.e. no communication as such you probably have thirty days from official notice to move out

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Answer 5

As long as you live there you need to pay the rent and the utilities. Why don't you just flat out ask what is going on if he wants you out or what. At least that way you would know-I would be looking for another place in the mean time.

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