Legal Question in Landlord & Tenant Law in Florida

Tenant in property under foreclosure

My landlord is facing foreclosure and I have been served court papers as a defendant due to my control of the property as a tenant. I have been advised, by the process server and real estate agents, that I should now not pay rent and put my lease payments into escrow to safeguard my deposit and any other interest I may have. (My one-year lease expired last October and was not renewed.) If they get out of foreclosure I would pay them the withheld rent.

The landlord owns several properties and at least one other has been served papers for foreclosure. Do I have legal grounds to withhold rent? And what should I say to my landlord this 15th when rent is due?

Thank you.


Asked on 2/13/05, 6:52 pm

1 Answer from Attorneys
Patrick Dervishi PATRICK DERVISHI, P.A.

Re: Tenant in property under foreclosure

You have a leasehold interest in the property and that is why you are being served with foreclosure papers. The successful bidder at the foreclosure sale, the future owner that is, steps into the shoes of your landlord with respect to the lease. Since your lease was not renewed you have the right to stay the payment period, a month, and the future owner can refuse to renew your lease. Meantime, you can pay your rent in the "registry" of the court to protect your deposit. The landlord is still the owner and can say that you are in default. Caution: if you want to stay on the property, sign a new lease

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Answered on 2/15/05, 10:06 am


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