Legal Question in Landlord & Tenant Law in Florida

tenant's rights at foreclosure

I received foreclosure papers at the house I rent today 1/5/08. Should i pay rent? I need the money to move out. Also, how long will it take to force us out? Will I come home one day with a padlock on my door? please help!


Asked on 1/05/08, 1:31 pm

1 Answer from Attorneys

Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: tenant's rights at foreclosure

If I were you, I would start looking for another place immediately. You are legally still requested to pay rent to your landlord. However, your landlord is most likely eventually going to be in breach of your lease agreement because your will eventually be forcibly evicted from the leased premises due to his or her failure to pay the mortgage. A mortgage foreclosure action typical takes approximately 6-9 months. You can not be evicted until the house has actually been sold at auction. You may get away with not paying rent for a month or two because your landlord probably does not have extra money to hire an attorney to evict you for non-payment of rent. However, many landlords try to do eviction lawsuits on their own. I'm sorry to her about your problems. My advise is move immediately. I also recommend speaking to a landlord/tenant attorney in your area as soon as possible.

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Answered on 1/05/08, 7:02 pm


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