Legal Question in Landlord & Tenant Law in Florida

We have rented the same house for the past three years. We deal strictly with a property manager. We have been served foreclosure papers and the property manager has denied having any prior knowledge of the foreclosure. To the best of my knowledge the homeowner has not made a payment since Dec 2008 and the bank is only waiting for a hearing date, but the courts are backed up and they aren't sure when they will get a date. Our lease has just expired. We are having a hard time trying to find another rental within our price range that will keep our kids in the same school district so we asked the property manager if we can continue to rent from month to month at a lower rent (since the owner has been apparently just pocketing our rent for the last year and half) and this help us to have more time to search for another place. We have also recently lost my pay and are now living off one income until I can find another job and a reduce rent would really help us out financially. The property manager is being difficult. He first told us he couldn't lower the rent without a new lease agreement and since the home was in foreclosure he couldn't do another lease agreement. Then he told us he could not lower the rent without the owner�s permission but he won't contact the owner and he won't give us the owner�s info so that we can contact him. My husband is so upset with the manager he has suggested that we stop paying rent and see if they try to evict us, but I'm afraid to do that since an eviction would ruin our excellent renting history. I would also like it noted that the property manager has been horrible at managing this property (besides making sure he collects the rent). For example, we have to call repeatly over repairs and he acts like that is first time he heard of it and then tries to somehow make it sound like it was our fault. I am so stressed out over this and not sure if we have any rights and if there is anyway to go around the property manager.


Asked on 7/18/10, 9:31 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Do not make any checks payable to anyone other than the owner of the property. continue to submit checks to the property manager for the amount of the rent that was indicated in your rental agreement. You are not "entitled" to a reduced rent, and if the property is in foreclosure, you could be forced to move without a lot of notice, upon the successful foreclosure by the lender. (This takes months).

If you really want to contact the owner of the property, go to the county where the property is located, or go on line to the county web site. For instance, Pinellas County Appraisers' office web site. You can type in the property address and find the name and current address for the owner of the property. This information may also be in your lease agreement.

The owner may have a listed phone number, or you may have to write a letter to that person. In the event that the property owner agrees to a lower rent, on a month to month basis, ask him/her to put this in writing, and begin making your payments directly to the owner. The owner's agreement with the property manager is not your problem, if the owner agrees to accept your rent payments, but don't count on the property manager to help you with any problems with the property. You will be forced to deal directly with the owner, and he/she apparently does not have the money to make repairs etc. Chances are, the property manager is having trouble collecting their payment from the owner as well.

This is a classic problem of foreclosure on rental property...and unfortunately, your family is caught in the middle. Keep looking for another property to rent, and don't worry about your rental references. You have your cancelled checks to prove that you have always paid your rent on time. A new landlord will accept this as proof of your creditworthiness.

good luck to you,

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Answered on 8/01/10, 1:30 pm


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