Legal Question in Landlord & Tenant Law in Florida
I was sued for non payment of rent of a foreclosed property and they won! How did that happen?!?!
I was paying rent on a property that I discovered was foreclosed. When discovered, I immediately stop paying the rent and scrambled to find another place. The landlord sued me for 'unpaid rent' though the property was foreclosed. By the time of the court date, I had paperwork proving the property was foreclosed, the copy of my lease and check showing my $1000 security deposit. The judge even asked the landlord the last time she paid the mortgage on the property. She stated she didn't recall, but it had been over six months. The landlord also admitted that he did not provide me a new lease as the property was under foreclosure. To my shock, the judge ruled in their favor stating that while I was looking for a new place, I should have continued paying rent.
4 Answers from Attorneys
If the judge didn't explain it to you, I want you to listen very closely. You are not in privity of contract with the bank and nothing in your lease says that if the place is foreclosed, you get to live for free. Your position is that if the LL could not pay the mortgage, then you should not have to pay rent. That's only plausible if you move your butt out of the place. YOU CANNOT EVER LIVE FOR FREE!!!
I am so tired of hearing this bullshit issue. Do not even think for one second that I would take your sorry ass case. You don't even need a lawyer at all because you are just WRONG. Judge said so, I'm just reiterating it and explaining.
The fact that a property is in foreclosure does not affect your obligation to pay rent. Only when the property is actually foreclosed (sold) does your obligation to pay rent stop. You should have continued to pay the rent.
After an order of foreclosure, you pay rent to the new owner.
Even though the property is in foreclosure, you still have to pay rent. You lived there and did not pay the rent, so I'm not shocked the Judge ruled in this way. All that other stuff is just irrelevant.
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