Legal Question in Landlord & Tenant Law in Florida

We have just rented a townhouse in Broward County Florida for $1400/mo. The day that we moved in, we discovered that the house was in preforeclosure. Our landlord had not notified us, nor our realtor of this fact. His realtor is his mother. We paid him a total of $4200 (first, last, and security) to move in, and upon discovering the house situation we immediately told him that we would move out immediately and need the money back. He is refusing to give a single penny back, and so it would seem that we have lost that money, and now have to search for another place to live. I know that we can file a complaint against his realtor/mother and with such, could result in her realtors license being revoked, however is there anything that can be done to him or his realtor as far as legalalites go? Are we still obligated to pay rent for the amount of time that we are there if he is defaulting on his mortage payments to the bank? Is there any way of getting a refund on the monies paid to him since we (tenants and our realtor) were not notified of the situation until after payment was made and the lease was signed? What about our lease agreement? If the house is foreclosed on, does our agreement still have to be honored or does it become null and void upon sale of the house?


Asked on 10/20/09, 7:59 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

1. As long as you are living there you owe rent.

2. You need not vacate until served with a court order to do so.

3. If you are concerned about your last month and security, pay your rent into court.

4. It is too early to determine what damages you may incur.

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Answered on 10/20/09, 8:36 pm
Lesly Longa Longa Law P.A.

I agree that it is too early. You mentioned that the owner is in pre-foreclosure. Even in foreclosure, the owner will have the opportunity to cure the default. He may be in the process of working it out now. The landlord has provided you with possession of the townhouse, so the landlord has not violated the lease agreement just because it is in pre-foreclosure. If you moved out now you would breach the agreement. If the house does end up getting foreclosed and you have to move prior to the end of your lease term, you may be able to recover damages. Regards,

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Answered on 10/20/09, 9:43 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Why did you move out? Preforeclosure? You signed a lease. You owe the rent. Even if the house was in foreclosure you owe the rent. You cannot have the realtor's license suspended.

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Answered on 10/21/09, 8:52 am


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