Legal Question in Real Estate Law in Florida

if my lease is up in a property that is going through foreclosure and I am not paying rent to landlord, do I have to move as per furnishing me a "non renewal of lease notice".

The landlord said he can not take rent from me do to the foreclosure process and can not renew a lease because during my lease term he started the foreclosure process.

Therefore legally he can not renew a lease and has to have me vacate because he is still the rightful owner and has the legal resposibilites to the property.

Therefore I must leave asap pursuant to his legal letter that he hand delivered and sent certified mail.

Is this true or can I stay in this property indefintily until the foreclosure is fianalized, I was told I could from a friend and I do not have to pay rent. Is that true?


Asked on 12/15/12, 1:00 pm

1 Answer from Attorneys
Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

There is a serious misunderstanding on your landlord/owners rights while his property is in foreclosure. That being said, if your lease is up, no landlord has to renew, no matter what his reasons.

No you CANNOT just stay and not pay rent and probably will be evicted from the property if you stay in the property past your lease and or are not paying rent. Your owner/landlord owns the property and can collect rents from any tenant until the court issues new title to someone else. Then the new owners (the bank) can remove you as a unlawful detainee, if you have no valid lease. You would have to receive a three day notice to pay or leave, or just leave in the case of the expired lease, first. Then you will be served with a five day summons and then the Court would issue if no proper answer was filed, a 24 hour writ of possession.

If your landlord doesn't want you to stay, I would move. Good Luck!

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Answered on 12/16/12, 8:21 pm


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