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Florida, U.S. Rental Lease Priority Question: Lease Start date vs HOA Approval

Hello!

I am moving out of state and renting a town home from an owner through a real estate agent.

I signed a lease last week that stated my lease begins August 1st. I have begun my drive to the new location only to be notified that the HOA approval process can take up 30 days and that my key may not be available to me on August 1st now. The lease is "contingent upon HOA approval" and that is about the only part that seems to apply to my situation. The real estate company has First and Last month's rent plus a security deposit equal to one month's rent. There doesn't seem to be any clear rhetoric explaining when the lease becomes active and when my funds are no longer refundable. The HOA is poor with communication, my realtor only tells me things when I put pressure on her, and I have heard nothing from the realtor who the property is under and the real estate company that is holding onto my funds, assuming they are not dispersed yet.

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Here are my questions:
1. Is my lease contract active when the lease start date comes to pass or when HOA approves?

My fear is my first month of the lease will start on the start date, and I will pay for a month of being in the town home and not actually be able to be in it. I am also trying to figure out if it is active and the early termination clause applies now or if it is inactive and this is just going to be a brute force fight with the realtor to get out of this.

  1. If my lease is currently inactive, can I simply ask for a refund on my first three payments? What would be the best way about trying to get the most amount of my money back?

I don't want to be a dick, this is basically a case of tons of miscommunication and mismanagement at my financial expense. I'd like to be diplomatic if I can be. Otherwise...

  1. Would it be better to speak to the real estate company with my money first, or a lawyer specializing in real estate business first?

I have this feeling that even though there are now 6 entities involved in this process, I am the only one batting for me. Best case scenario, I get all my funds back or only lose the security deposit, and cut ties with this much and just rent from a property management company. Worst case scenario, I lose all of my funds to break ties or I am stuck in a hotel for up to 30 days at my own expense.

submitted by /u/The12TailedFox
[link] [comments]

source https://www.reddit.com/r/RealEstate/comments/ck1ak6/florida_us_rental_lease_priority_question_lease/
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