Legal Question in Landlord & Tenant Law in Florida

I recently rented a townhome and specifically asked the Property Manager if the townhome was in Foreclosure. He advised that is was not. Two weeks of moving into the townhome I was served with a Summons & Complaint for Foreclosure for non-payment since August 2009. I would like to know if I can sue the Property Management and/or try to purchase said property. Also, am I obligated to continue to pay rent?


Asked on 3/17/10, 5:40 am

3 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

Hi. Based on the misrepresentation, you might have some reason to get out of your lease. If you choose to stay, you are obligated to continue paying under the lease. As a tenant, you are also protected under new federal law signed last May, which under most circumstances will allow you to stay there at least 90 days after the foreclosure sale and possibly through the entire term of your lease. If you want to purchase the property, you should contact the owner and see if you can negotiate a deal that the owner and the lender will accept.

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Answered on 3/22/10, 5:56 am
DMD PA DMD Law, PA

From what I read, the foreclosure was after you moved in, and, therefore, there may not be misrepresentation, unless the property managment knew that the owner was not paying the mortgage.

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Answered on 3/22/10, 8:01 am
Lesly Longa Longa Law P.A.

Yes, you are still obligated to pay, or you may face eviction. The property was not in foreclosure until after the lawsuit was initiated. If that was after you signed the lease, I don't think you have a case against the property manager. Besides, if your landlord defends the foreclosure, it will take some time. Also, your landlord may be able to avoid foreclosure altogether, and the foreclosure may not effect your rights as a tenant if it does not disrupt your occupancy or terminate your lease early. I am sorry to hear about this. Regards,

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Answered on 3/22/10, 12:44 pm


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