Legal Question in Real Estate Law in Florida
forcloseure eviction
we recieved a notice (nov 3)that the house we are renting went went to forcloseue on oct 14 and was not sold .on nov 6 rcieved a notice in our door to call this realtor who was handling the forclosure for a new mortgage co .We were offered $750.00 to move out in 14 days.The agent claims eviction is allready in progress and the sherrif can issue an order to move in a 24 hour period if we do not aggree to the offer he is making.We have allways paid our rent on time and spoke to the landlord and claims he has no control and has no money We have a 6 yr old daughter in school Do we have any rights or can they throw us out on the street
1 Answer from Attorneys
Re: forcloseure eviction
Your landlord is now in breach of his lease to you. He can no longer provide you the ability to continue to live in the property according to your lease terms. Most judges agree you have the right to move out immediately because your right to "quiet enjoyment" (it's not what it sounds like) has been breached.
The realtor is right, the landlord can't stop you from being kicked out by the bank or whoever gets the house at the foreclosure sale. The $750 is better than most tenants are getting these days. You might also consider suing your landlord for the security deposit and moving expenses, if need be.
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