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?


Asked on 7/19/07, 12:38 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: My landlord is foreclosure...

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.

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.

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Answered on 7/19/07, 1:06 pm


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