Legal Question in Real Estate Law in Florida

If the house I am renting has been forclosed on do I still pay rent to the landlord as always?


Asked on 4/10/14, 1:35 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Unless directed to by an HOA or Court Order. You owe the funds to the individual with whom you entered into a contract.

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Answered on 4/10/14, 1:47 pm
William Gwaltney William W. Gwaltney, Attorneys at Law

Mr. Stein is correct. Your contract is with the landlord and you are bound by its terms until it expires or you are directed by a court to do something different. If you have a valid written lease, you may still have rights to occupancy even if the bank eventually takes possession of the property.

Depending on the individual circumstances you may even be able to negotiate with the bank, or new owner of the property after sale, to renew your lease and stay in the property if you wish. If the new owner wants you to vacate immediately then you should be compensated if you have time remaining on your lease. You will also want to consider recovering your security deposit from your landlord. If they are no longer the owners of the property, they should transfer that deposit to the new owner or refund it to you.

You would probably best served by taking your lease to an experienced landlord tenant attorney for review and paying for a consultation and some helpful advice. The attorney should be able to direct you specifically given your circumstances. They should also be able to negotiate with the new owner/bank if you hire them to do so.

Good luck, and I hope this information helps.

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Answered on 4/11/14, 6:16 am


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