Legal Question in Landlord & Tenant Law in Florida
My parents were renting a condo from a private owner. They faithfully paid their rent for 11 months, before being served papers, saying the property was in foreclosure. When they asked the owners about the foreclosure, the owners said to not worry, because they were settling it with the bank. However, my parents, continued to receive notices saying the property was still in foreclosure. Finally, they asked the HOA to move them to a different unit, instead of waiting around to be put out. They withheld the last month rent, in order to pay the deposit on the new unit. Now the owners of the foreclosed property are suing my parents, yet they are still in the middle of a foreclosure. What rights do my parents have?
3 Answers from Attorneys
Your parents are obligated under the original lease, regardless of the foreclosure. There are laws in place to prevent tenants from being "put out" during and after a foreclosure. Just because the owner is in foreclosure doesn't mean the tenant can break their lease. The owner/landlord is entitled to receive payments under the lease so long as they are still the valid owner of the property.
Your parents jumped the gun. Pay the rent !
Your parents should have continued paying the rent. Just because it is in foreclosure doesn't mean they will have to move out any time soon (if ever). They will have to pay damages to the landlord for past due rent and for breaking the lease. Regards,
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