Legal Question in Real Estate Law in Florida
I have been renting a townhome for three years and my lease expires in August. My landloards want me to sign a new lease through January 2011. However, I recently learned the property has been foreclosed on. What are my rights as a tenant? Do I sign this lease and do I continue to pay rent knowing that they are not paying the mortgage?
1 Answer from Attorneys
If you want to keep living there, you should keep paying rent. Otherwise the landlord can evict you for failure to pay rent, regardless of what they are doing with the money. You can check on your county clerk of court's website to see whether the home has really been foreclosed. Foreclosure in Florida is a judicial process that can take many months and the landlord might be able to cure the default before the foreclosure sale when it becomes the bank's property. You are most protected as a tenant in foreclosure when you are under a lease because the new owner will have to honor the lease and give you at least 90 days to vacate (in most cases; see the Protecting Tenants at Foreclosure Act). It doesn't seem like you've spoken to the landlord about the foreclosure and what s/he plans to do. If you're not comfortable signing a lease until 1/11 under those circumstances, tell the landlord. This is your opportunity to negotiate or find a new place. Put everything in writing. Regards,