Legal Question in Landlord & Tenant Law in Florida

Foreclosure/Eviction: Renters Rights

Just over 45 days ago i found out the property i am renting is now in forclosure. I also found out that the property was in forclosure 60 days prior to my signing of the lease. When i signed the lease i specifically asked several times about forclosure, leins, etc and was told there was none.

I called the landlord who told me there was no forclosure, and there was a mistake.

Under the advice of a lawyer i typed up and gave the landlord a demand letter stating i would no longer pay rent as they were in breach of contract. The letter also stated they were not to use my security deposit in absense of the rent. The lawyer told me to save till i could afford a new place and move out then or ''ride it out'' until the bank took the property.

On friday the landlord called (i have not heard from them since the letter) and said the forclosure had been ''taken care of'' and that i need to continue to pay rent or move out. I asked to see paperwork from the bank or leinholder showing the forclosure had infact been handled, and the landlord flipped out and hung up on me.

Today i find a three day pay or get out notice taped to my door. What are my rights here? I'm flat broke with nowhere to go, i cant yet afford another place.


Asked on 10/05/08, 6:43 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Foreclosure/Eviction: Renters Rights

In my judgment, the advice you received was poor.

You can see if a foreclosure was filed by checking at the local courthouse.

You can't live somewhere rent free just because there is a foreclosure pending, if it is at all. I hope that you did not just spend the rent that should have been paid to the landlord. You have three days. Go and pay your rent and negotiate with the landlord. Check about the foreclosure.

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Answered on 10/05/08, 7:10 pm


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