Legal Question in Landlord & Tenant Law in Florida

This is a very common situation these days, as I'm sure you can imagine. Your lease is still valid (unless there is a provision in it for foreclosure and termination of the lease). You should understand that the house may never actually be foreclosed and sold, and even if it is, it could take a year or more if the owner of the house is defending against the foreclosure. There are many valid defenses to foreclosure; additionally, the owner may seek loan modification or short sale as alternatives to foreclosure. So, while you should be aware of the situation at hand, it does not mean the bank will necessarily come and kick you out during the term of your tenancy. I also understand that there is a new law which requires the bank to give you 90 days to vacate even after the property is finally foreclosed.

Please know that you must continue to pay rent as long as you live in the house. If you fail to do so, the landlord can evict you. Perhaps you should talk to the landlord and find-out if they have an attorney who is defending the foreclosure suit or seeking an alternative to foreclosure. If you can work something out with the landlord now, be sure to put it in writing.

It is never a bad idea to seek legal advice if you are uncomfortable negotiating the situation or feel you are in a bad situation which you don't know how to handle yourself.

Best of luck.

A foreclosure does not mean you stop paying rent. You continue to pay rent and are still obliogated to do so.

Both my colleagues are correct. I would follow Ms. Grosse's advice and speak to the landlord about what is going on with the foreclosure action. If he has hired an attorney, it would be a good idea to speak to that attorney as to the status of his case (if the landlord will allow you), or you could speak to an attorney of your choice to get further advice.

You are still obligated to pay rent as long as you have possession of the place. I am handling a lot of foreclosure defense, and the good news is that the foreclosure process usually takes months or years. By law, you are required to get 90 days notice, unless you have a different arrangement in your lease or are a month-to-month tenant. Ask the landlord if he plans to hire an attorney to defend the foreclosure or workout options with the lender, which probably isn't a bad idea since he may have many defenses available to him. Regards,