Legal Question in Bankruptcy in Florida

We rent a home in Florida. We recently obtained court documents relating to our landlords bankruptcy and found out that he did not include our rent or us, as creditors, in his application since we moved in in August, 2013 (he filed for bankruptcy 11/1/13). This home was in the process of foreclosure since October, 2012 but the landlord failed to disclose this to us when we signed the lease. The foreclosure was stalled with the filing of bankruptcy. The landlord owns and resides in another property only a few houses away and according to application his plan was to surrender that house and retain ours. It appears from notes of the Trustee that he will be found out and his case dismissed as other creditors are objecting to the discharge of debt. Where does that leave us? We have written letters to the Trustee and to the attorney of record for the mortgage company on this house but we have not had a response. Who do we pay rent to? We have a year lease but landlord gave us a 30 day notice for us to leave by February 13.


Asked on 1/31/14, 7:54 am

1 Answer from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

You have a contract with the landlord and you have to pay rent to him or you can be evicted. Unless and until the bank gets the property, which usually occurs on the 11th day after the sale, the landlord still owns the property. You have to read the lease, and so do I, to see what it says about early termination. If he has followed the lease, you will have to leave. If you do not leave, then he can evict you. Look for another place to live.

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Answered on 1/31/14, 8:16 am


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