Legal Question in Real Estate Law in Florida

We are renting a home that is being foreclosed. We received correspondence stating a final judgment was made in August 2010. Our landlord has threatened to evict us if we don't pay the rent. We had made a $2000.00 security on the property. We haven't paid the rent for this month as of yet because we're not sure how long we'll be allowed to stay in the house and we don't know if we'll get our security deposit back. We don't have a lease as we rent month to month since our lease expired in June. Do we have to pay him the rent? Are we entitled to our security deposit back? Does he still own the home since a final judgment was made?


Asked on 10/04/10, 6:02 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You are smart to consider whether or not your landlord is collectable. The landlord was obligated to give you the name and address of the bank where your damage deposit is being held. You can always check with the bank to see if the account still exists and if there are sufficient funds to cover your damage deposit.

Your landlord may be able to redeem the property, if he can pay off his lender. You can find out who really owns the property by checking county records. Don't pay any more money unless and until you have a real estate attorney review your documents, and check the status of the property. Even if he has the legal capacity to evict you for non-payment, he will have to take legal action against you, and you will have your day in court to tell your side of the story.

He may not resort to "self-help" by turning off your utilities or changing the locks on the property, or removing your personal belongings.

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Answered on 10/09/10, 6:17 am


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