Legal Question in Landlord & Tenant Law in Florida

I just received a voicemal from a collection agency which I haven't returned. It was for either my daughter and/or myself. The only thing I can think of in both of our names is our lease. We rented a condo in October 2008 which was already in foreclosure.
We lost our jobs and except for a few months have been out of work all of this time. The landlord came to my door and told me that he understands our situation. We were already out of work when we rented the condo, which he knew. He told me to forget November/December rent and for the new year he doesn't need the rent but just some funds. I called him several times to pick up a $50.00 check which he did not do. I have called and left voicemails for him several times with no reply.
Can he legally collect on a condo for which he was not paying the mortgage and which was already in foreclosure, and, was it legal for him to rent it out in the first place?
Thank you for your kind attention to this matter,
Shelley Torres
[email protected]
The only funds (and not all of it) that we have are for moving.
Thank you for your kind attention to this matter.
Shelley Torres
[email protected]

Asked on 11/06/09, 9:07 am

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

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Yes, he can charge and collect rent on a condo in foreclosure. He still owns it until the condo is sold at the end of the foreclosure lawsuit. In the future, when you make a deal with someone, get it in writing.

Answered on 11/11/09, 9:26 am

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Lesly Longa Longa Law P.A.

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Yes because he still provided you with possession and has an opportunity to cure his default. Unless you got your agreement with him in writing, it will be your word against his.

Answered on 11/11/09, 10:10 am

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