Legal Question in Landlord & Tenant Law in Florida

I am renting a house and I have just received foreclosure papers saying that the owner has not paid the mortgage since july. The heat and the septic are also not working properly and it does not appear that he is going to fix them if he is not even paying his mortgage. Do I have grounds to legally break my lease. Should I stop payment on my rent check that I just paid.


Asked on 1/08/10, 6:15 pm

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

You should definitely NOT stop payment on the rent check you just paid. It sounds like you may have grounds to break your lease if the landlord will not maintain the heat and septic systems -- after you have given him written notice and opportunity to cure. Failure to maintain those things is a breach of his obligations as a LL under FL statutes, but again, you must first give him written notice and opportunity to cure.

If he fixes the heat and septic and/or if you continue to live there, you must continue to pay rent. It does not matter for purposes of your paying rent whether the house is in foreclosure. The foreclosure case could remain pending, and you could continue to live there, until the end of your lease.

Please see http://www.800helpfla.com/landlord_text.html for some helpful information on FL landlord tenant law.

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Answered on 1/14/10, 3:28 am
Lesly Longa Longa Law P.A.

If you live there, you have to pay rent or be evicted. Give the landlord notice of the problems with heat and septic in writing so that the landlord has an opportunity to fix it. If he doesn't, you may have grounds. Otherwise, if you want to terminate the lease early, check your lease for any notice requirements and/or try to work something out with your landlord. If you do work out an arrangement with the landlord, get it in writing. Review the info on Florida landlord-tenant law at http://www.800helpfla.com/landlord_text.html. Regards,

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Answered on 1/14/10, 6:56 am


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