Legal Question in Real Estate Law in Florida

We're seeing a lot of this right now. Landlords in default trying to strongarm tenants.

There is a variety of options available to you that will put you on more even footing with the landlord. The peril that you are facing right now is that you make the payments to your landlord, his lender forecloses, the sale goes through, and the next thing you know someone else is filing to eject you from the premises.

With all due respect to the legal concepts behind leasehold estates and other considerations that can be raised as defenses to the ejectment, you will still wind up facing this problem if you continue to just pay the landlord.

But if you don't pay the landlord, then the landlord will file for eviction, which is a fast-track version of ejectment.

One possible solution would be to quit paying and when he files for the eviction make your rent payments to the Clerk of Court until a judge determines whether he is still entitled to the payments since he is in default on the mortgage. But this would result in a possible breach of contract (lease), and would definitely wind up in trial.

There are other possibilities available as well, and I would encourage you to visit our website at www.LaBellaLaw.com. Our consultation is free, it can be by phone so you don't have to travel, and we can discuss all of your alternatives when we can see some more of the facts of your particular case.

Yes, you do still have to pay the rent pursuant to the lease agreement. If you don't and receive an eviction summons, you can ask the court to decide who you should have to pay since the landlord is in default. The landlord could still cure the default, but if he doesn't you may have to find a new place to live. Regards,