Legal Question in Landlord & Tenant Law in Florida
I am renting a home and I recently recieved foreclosure papers that stated our landlord didnt pay his morgage since May 2009. I confronted him about it and he supposedly has since worked something out with the bank to keep the house. He called me today to tell me that the bank said he needs to take possesion of the home in order for them to help him. Do I have any rights in this case even having a lease agreement until May 1 2010? And can the bank order the owner to gain possetion of the property?
3 Answers from Attorneys
Why would he need possession of the home. He has the title to the property. Read your lease to see if there is a landlord out. Otherwise, contact the bank for your own piece of mind and see if they in fact stated he had to have actual physical possession. Secondly, why did you receive foreclosure papers - usually the tenant continues paying rent until the foreclosure is completed and then you pay the rent to the lender until the lease expires at which time it is up to the lender to allow you to continue to rent or vacate the premises.
There was a new law that passed recently that protects renters in your situation. He cannot force you out of the leased property unless you have breached the lease. Keep making your payments under protest. Even if it goes into foreclosure, the bank cannot force you out of a lease until the end of the lease. It is a bit more complicated than that, but based on your general question, you have a right to stay in the property.
When the home is foreclosed, the landlord is no longer the owner. But that doesn't necessarily mean that you have to move out. I would recommend that you consult with an attorney. Regards,
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