Legal Question in Landlord & Tenant Law in Florida
We are currently renting a home , we received a letter recently asking us to attend a court hearing for a forclosure on this rental. Doing more research, I found out this house is up for auction in Jan 2017. I have not yet paid rent, and really hate putting my money in someone else's pocket. What rights do I have. Either I don't pay rent this month and get an eviction letter, or pay rent and still get evicted due to the auction.
2 Answers from Attorneys
Not quite. Assuming you have a valid lease with the present owner, the new owner (whomever purchases the house at the foreclosure sale) takes possession subject to your lease. In other words, your lease survives the foreclosure. You will not be evicted merely because the ownership of the house changes hands.
Your obligation to pay rent has nothing to with the foreclosure.
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