Owners of The Rialto have offered some help for displaced renters — but with a catch.
Structural concerns with the five-story building on Sand Lake Road in Orange County recently prompted the evacuation of more than 350 residents. Many are still waiting for some kind of resolution.
RELATED: Evacuated residents await updates after popping sounds, cracks in building
Northland Investment Corp. has offered to pack up and move residents’ belongings to another residence within 25 miles, plus pay each renter $2,000 — if those residents sign a “release of claims,” a promise not to pursue legal action against the company. Residents who choose to live at another Northland-owned community can also get two months’ free rent.
Northland shared details in an email Monday, which reads in part:
“Given the continued uncertainty, we are offering a range of options and assistance to help residents make informed decisions about their next steps. These include the option to terminate their lease, packing and moving of their belongings to within a 25-mile radius of The Rialto, and an additional $2,000. For residents who choose to live at another Northland community, we are offering a two-month rent concession.
For residents who choose to accept this assistance, a release of claims will be required as part of that process. Residents who prefer not to pursue this assistance may still proceed with a lease termination, and we will coordinate the return of their belongings. Residents can also choose not to terminate their lease at this time. Residents will not be charged rent for any time they have not had access to their units.”
Florida law already gives renters the right to terminate a lease if the residence is uninhabitable due to no fault of the renter, according to attorney Morgan Cardinal, director of advocacy for Community Legal Services of Mid-Florida.
“If this is a situation where the building is so damaged or destroyed that it can't be inhabited again, there's no way for anybody to return — that right to terminate does really hold with the tenant,” Cardinal said.
While she hasn’t reviewed a Rialto lease agreement, Cardinal said, state law allows renters to terminate a lease and immediately evacuate the premises if the premises is damaged or destroyed. And renters must be given a chance to collect their belongings, once it’s safe to do so.
“And that's really what we're waiting for, is to determine: when is it going to be safe for these tenants to go back and get their belongings?” Cardinal said.
Northland said Monday its engineering team is continuing a “careful assessment” of the building. There is still no “definitive timeline” for when the investigation will be finished or when additional details can be shared.
“This is complex work,” Northland said in the email sent Monday. “Our focus remains on ensuring a thorough and responsible process while we simultaneously work to assist our residents.”
Central Florida Public Media reviewed a copy of the “agreement to vacate and release” Northland Investment Corp. from all liability. It includes an agreement not to participate in any legal action against the landlord, specifically referencing a lawsuit filed against Northland last week on behalf of Rialto residents.
Cardinal said before signing away any right, including the right to sue, her first recommendation for renters is always to seek legal counsel.
“What I would encourage people to do is to make sure they understand, before they sign, what they're giving up and what they're getting in exchange for giving that right up,” Cardinal said.
She advised consulting with a lawyer if given the opportunity.
“And make sure that you get any questions you might have answered before you sign any documents,” Cardinal said, "because in the state of Florida, generally, it is a really hard presumption to ever overcome, once you've signed that document.”
Cardinal said the Rialto incident also underscores the importance of having an evacuation plan. Medications, clothes and school supplies are some of the key things she recommends having ready to pack up and go, in case of emergency.
“You really just never know when something like this will happen,” Cardinal said. “Florida is no stranger to disasters, unfortunately. And so having these plans in place now, in what they refer to as ‘blue skies,’ will make it a little bit less stressful in the event something like this does happen.”
Cardinal said she encourages Rialto residents needing legal help to contact Community Legal Services of Mid-Florida for potential resources. It has some funding to help people with housing issues regardless of income.
