Legal Question in Landlord & Tenant Law in Florida

The building in which I rent an apartment filed for bankruptcy two weeks before I moved in, without telling me before I signed the lease. Is the lease still valid since they have failed to disclose this information, and have continuously failed to provide legal information regarding the bankruptcy after numerous requests? It was up for a court hearing on earlier this month to determine whether the bank could get the bankruptcy discharged and foreclose on the property, to which they have also failed to provide information regarding the outcome. Also, if the bank does foreclose on the property, can the developer/property management company take legal discourse against me and/or evict if I stop paying rent? And if the outcome is otherwise, and the bankruptcy is is not discharged, can I break my lease on the grounds of the management company being negligent in providing legal information, and failing to disclose the full situation before selling me a lease to their building?


Asked on 10/21/09, 7:26 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The lease is still valed. They were under no obligation to tell you about an impending bankruptcy before you signed the lease. If you stop paying, you can be evicted and sued for the lease payments. The management company is under no obligation to provide you with legal information. You can find out what is available yourself at the court.

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Answered on 10/31/09, 4:14 pm


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