Legal Question in Landlord & Tenant Law in Florida

Re: paying rent during foreclosure of single family home

unless you extend the lease, you must move out.

Re: paying rent during foreclosure of single family home

Unfortunately, it doesn't quite work like that. However, you can probably get away with not paying rent for a while. Your lease is subordinate to the mortgage. So, if the mortgage is not being paid by the landlord, then the bank can foreclose on the property and eventually evict you. That is why you were served with the foreclosure lawsuit paperwork. You are tenants currently living in the house and will eventually need to be evicted unless your landlord gets current with the mortgage, offers a deed in lieu of foreclosure to the bank, or the bank approves a "short sale" and the house is sold for less than is owed on the mortgage. Your landlord is in breach of your lease agreement. I recommend contacting a landlord/tenant attorney and giving him a 7 Day Notice of Intent to Terminate Lease. This is the only way you are legally going to get out of paying you rent and get you security deposit back. He has no right to keep your last months rent or security deposit just because he is being foreclosed on. I'm sorry to here about you current legal problems.

Re: paying rent during foreclosure of single family home

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.

What you have suggested is legally improper but may work out practically. You may wish to discuss this with the landlord and see if he/she will agree to it. If not, you may have to pay the rent and hope for the best as to your security deposit when the time comes.

Scott R. Jay, Esq.