Legal Question in Landlord & Tenant Law in Florida
My landlord is foreclosure...
I justed rented the house in June, and I received a summons on July 6th that the landlord had a forclosure suit against her.
I had prepaid my last month's rent and security deposit, so I have $4600 of exposure if a foreclosure jedgement is reached. If they forclose on her mortgage, I will essentially be out that money.
Is it appropriate to request the rent be placed in a court registry to offer some sort of protection for the tenant? How is this established?
1 Answer from Attorneys
Re: My landlord is foreclosure...
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You should file an answer in the foreclosure and deposit all future rent monies in the registry of the court. This will save you from the possibility of an eviction action by the landlord in case the landlord prevails in the foreclosure action. It will also show the lender that you are paying your rent in good faith in the event they prevail and you wish to remain a tenant if they will allow it.
You can go to the courthouse and pay the money to the clerk's office. Show them the complaint and summons you received and tell them you want to pay into the registry or depository of the court. The clerk's office will know what to do.
Scott R. Jay, Esq.