Legal Question in Landlord & Tenant Law in Florida
I have been renting my apartment since October 1, 2009. On March 25, 2010, I received a copy of a lawsuit being filed against my landlord for nonpayment of her mortgage since October 1, 2009. I am not sure what my rights are in this situation. Is there any way that I can I break my lease legally? Can I withhold rent until she remedies the situation? I have tried to contact my landlord via email and telephone twice and she has not responded. I do not want to continue to pay rent to someone who is pocketing the money as income.
2 Answers from Attorneys
You owe rent per your lease. The landlords problem has nothing to do with you.
You cannot break your lease and you must continue to pay rent to the landlord as long as she provides you with the premises as required in the lease. It is none of your business what she does with the rent, and you do not know what her situation is with the bank that is attempting a foreclosure. If she is defending the foreclosure lawsuit, it will be some time before anything happens. Also, if you stop paying rent, she can evict you. Regards,
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