Legal Question in Landlord & Tenant Law in Florida
I signed a one year lease for a house this past June and was served papers within 3 weeks of moving from an attorney's office saying the house was already in foreclosure. I continued to pay the rent to the landlord even though he told me he wouldn't be able to keep the house. I skipped October's rent because I told the landlord to keep the security deposit (I was afraid I would lose it after the foreclosure) but have paid every month and even paid December's rent early. After January 1st, I was called by a realtor who said he wanted to show the house because the owner had found a buyer. I was never notified that the house was for sale and there is no provision in my lease which states the new owners must honor the current lease. I immediately put a stop-payment on January's rent. So now it looks like I'll have to move before the year is out, losing all the money I paid to move in, hook-up fees, etc.
Besides the fact that the landlord acted in a VERY unethical fashion and should not have entered into a one year lease knowing that the house was already being foreclosed on, what are my obligations as far as paying the rent to him? Can I counter-sue him for failure to provide housing to me for a full year as per the terms of my lease? Is he obligated to notify me when he intends to sell the house? I told the realtor I would pay the rent to the new owners, but I am not going to put money in the pocket of the current owner when it is clear that he has not honored the terms of my lease.
1 Answer from Attorneys
Pay the landlord or face being evicted.
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