Legal Question in Landlord & Tenant Law in Florida
Landlord foreclosure
My landlord is in foreclosure proceedings, my lease expires 11/1/07- I paid $4,000 last month and deposit. I refused to pay Sept.s rent to the landlord and plan to do the same for Oct. to ensure I get my money back. I also sent a letter stating this to the landlord and that I will be moving in Oct. Is this acceptable, I don't want to break the law, but I can't lose $4k and I can't afford an attorney. I also received a notice of hearing-motion for summary final judgement and atty. fees set for 10/1/07 should I go to the hearing?
Thank You
2 Answers from Attorneys
Re: Landlord foreclosure
yes, so judge can protect your interest as a tenant.
Re: Landlord 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 are taking a risk. What if the foreclosure is resolved and the landlord remains in ownership of the property? Either way, the landlord is still the owner until said time as the property is foreclosed and a sale is held. The landlord can file an eviction action against you and have you evicted from the property. You better go to the hearing and make sure the final judgment is entered and ask the court to make a determination as to the payment of rents. In fact, you might want to speak with the judge's judicial assistant in advance and ask if you can be put on the calendar in order to have your questions heard.
Scott R. Jay, Esq.