Legal Question in Landlord & Tenant Law in Florida

my lease was up at end of oct landlord told us because house was goin forecloser didn't need too pay rent for oct. She had power of attorney over her mother now mother has property back so says and wants 500 dollars or wants us out in 48hrs because lease is up. What are my rights as a tenant and resident of property don 't want too pay 500 and then still be booted out on my butt. Can she do the 48 hrs or does she have too do eviction process. Want too know options if possible don't want too kicked out but don't wanna pay 500 with no lease either.


Asked on 11/07/09, 6:43 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If your lease is up, you have no right to be there. She can charge an increased rent for a tenant that satys over without a lease. Foreclosure does not mean free rent.

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Answered on 11/13/09, 8:54 am
Lesly Longa Longa Law P.A.

Unfortunately, you did not get the landlord's agreement that you did not have to pay October in writing. Generally, if you have possession you still have to pay rent, even if the house is in the foreclosure process. The landlord would have to file a complaint in court to regain possession. But, holding over past the end of your lease also has consequences (such as double rent). See the Florida Statutes and the information at http://www.800helpfla.com/landlord_text.html.

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Answered on 11/13/09, 9:12 am


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