Legal Question in Real Estate Law in Florida
I have been living in a home for 14 months that is being sold under foreclosure 9/22/10. The landlord lives in Columbia. His sister is the person I pay rent to. I have been paying rent to her. They never advised me that the house is being foreclosed. I only knew about this because a neighbor received the letter and brought it to me. The owner sent me an email stating that he wants to move back in to the home in Sept. Im sure he does not want to move back and just wants us out so the house can be sold. What are my rights. Do i keep giving them money that is not being used for the mortage. And do I have to leave by 9/1. I had a lease that was up 6/10. His sister verabally told me that she would get us a new lease. Every time I ask her for it she just says I will get it to you. Of course I never received it beacuse they know the house house is being forclosed. How long do I have before I need to leave. Also I am thinking of trying to purchase the home at the auction
2 Answers from Attorneys
Since you have no lease, you essentially have a month to month tenancy (assuming you are paying rent monthly). You do not have to move until the Landlord gives you correct written notice to move (it appears they did not). Once they do it properly and give you the right amount of time to move, then you must move or face an eviction.
However, if you stop paying rent, they can begin a tenant eviction proceeding after giving you a 3 day notice with failure to pay.
Just because the property is in foreclosure does not mean the Landlord still does not own the property. Only until after a Foreclosure Judgement and a public sale does the ownership change.
What is surprising is that the foreclosure case should have joined in tenants and served you. That way when the foreclosure is done they have the ability to move you out. They may have somehow done that, but I can't tell at this time.
If the house is going to be sold, why would she be giving you another lease? You are not protected under new federal legislation that protect tenants at foreclosure because your lease has expired. You could always ask for them to reduce your rent since you know they aren't using it to pay the mortgage. You can also find a new place and give them only that much notice that is required under law. Likewise, since you're not under a lease, the current landlord only has to give you that much notice to ask you to vacate. If you pay monthly, I think it's15 days written notice, but you can check for yourself at http://www.800helpfla.com/landlord_text.html. Regards,