Legal Question in Landlord & Tenant Law in Florida

Landlord being Foreclosued on.

Our Landlord is being foreclosed on. Papers have been served to the House, Naming Him and Tenant 1 and Tenant 2.

The landlord states the Mortgage Co. Has made a mistake and to go ahead and send the rent money.

I called the Firm handling the Foreclosure and they have Stated that on Aug 28th it goes to the Judge and it is in Publication now. They have confirmed the landlord has not contacted them at all.

Question: Do we have the right to withhold rent without penlty, Until this is taken care of by the landlord and/or the Courts.

Do we have any recourse, When the Landlord knowing rented to us when the house was going into Foreclosure. We have only been there for 2 months.


Asked on 6/13/07, 11:59 am

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Landlord being Foreclosued on.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Legally, rent should continued to be paid. Realistically, many parties do not pay rent when a foreclosure is pending. Please bear in mind that foreclosure actions can take many months until a final judgment is entered. If you do not pay the rent, the landlord may still file an eviction action against you if he or she is so inclined.

I would strongly suggest you consult a qualified real estate attorney to discuss this further.

Scott R. Jay, Esq.

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Answered on 6/13/07, 12:42 pm
David Slater David P. Slater, Esq.

Re: Landlord being Foreclosued on.

1. no

2. no

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Answered on 6/13/07, 2:59 pm


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