Legal Question in Landlord & Tenant Law in Florida
My landlord is being foreclosed on. I recently got a summons where I was listed as John Doe tenant. It states, "Each defendant is required to serve written defenses to the complaint on plaintiff's attorney...with in 20 days"
I have informed my landlord of summons and they haven't received theirs. My landlord assures me they are looking into it and this is the first they've heard of this. My question is, what should I be doing as a tenant? Is their paperwork I should be filling on my own? I understand if my landlord loses the case, I'll need to find a new place to live.
3 Answers from Attorneys
Do not rely on your LL. If you want maximum time to move, file your answer in court.
As a tenant you do have legal rights, and you should file an Answer with the court. It would be best to hire an experienced attorney to do this for you so they can advise you of what your actual rights are with regard to staying in the property. The attorney can also track the case better to keep you up to date as to the status of the foreclosure.
Many times foreclosure litigation can get delayed by many months (even a couple of years in some cases). Therefore you may not have an immediate need to move, but you don't want to be caught off guard. The best way to ensure problems for you is to do nothing.
You should file a response with a copy of your lease. Eventually you may eyed to move but your lease and a federal statute protect you.
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