Legal Question in Real Estate Law in Florida
If a house is being forclosed on and there are tenants in the home, Can they with hold the rent from the landlord and/or get back rent since the landlord was not paying the mortgage?
2 Answers from Attorneys
Not legally. Your landlord's failure to pay the mortgage has no bearing on your obligation to pay rent.. The exception would be that once you are evicted, then your obligations under the lease would cease. However, during the process of foreclosure your lease will remain in effect. The foreclosure process can take up to several years.
The tenants cannot withhold the rent, unless they want to be evicted by the landlord. As long as they live there, they must pay rent as agreed regardless of what the landlord may be doing with it. There is a new law that may enable the lender to collect the rent for the home directly from the tenants. But, generally, the lender will file a lawsuit to foreclose against the homeowner, which will take take months (if not years). The landlord has an opportunity to cure any default. Tenants may also be protected under the protecting tenants in foreclosure act if they have a valid lease, but they cannot stop paying rent.
Regards,