Legal Question in Real Estate Law in Florida

Foreclosure on Rental Property and Rights of The Tenants
I moved into a house on Saturday 24 Mar 2001. Household goods were delivered by commercial carrier on Saturday and unpacked by me and my family on Sat, Sun., Mon. I signed the lease for the house on Monday 26 Mar 2001. On Tuesday 27 Mar 2001, the sheriff's office delivered a notice of eviction to the house for the owner. The house is in foreclosure. The rental management agency said they had no idea the property owner had not been paying his mortgage. I must leave the house by 13 Apr 2001. I feel the rental management company is somewhat responsible since they act on behalf of the owner, but they are refusing any compensation other than refunding the security deposit and supplying a U-Haul Truck(but no labor in packing or loading my household goods). The owner of the house is unreachable. I insisted that the rental property manager pay for the move I have to do out of the house, but they refused saying that the owner is at fault and not them. The lease makes no distinction between Owner/Agent. Is the Rental Property Manager liable for paying for my move out of the house I just moved in to two days ago, and shouldn't they pay me for the money I spent on deposits on utilities?

Asked on 3/28/01, 10:27 pm

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

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Re: Foreclosure on Rental Property and Rights of The Tenants

The agent was acting on behalf of a disclosed principal. As such he is not liable for the acts of the principal.

Foreclosure will take a month or two or more. Why not stay there until possession is given to the mortgagee. (without paying)

Answered on 6/04/01, 4:19 pm

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