Legal Question in Real Estate Law in Florida
We signed a 12 month lease agreement with an agency called CCR. Recently we received a notice in the mail telling us that the house we are renting will be going on auction on Sept 10, 2014. It has been in foreclosure for quite some time now. We decided to look at other places to rent and found one we can move into next month. That apartment is available now and the landlord wants us to be in there no later than September 15. When I asked our current landlord at CCR what would be involved in breaking the lease they told me that we would lose our security deposit of $500 and that we had to pay the month of September full in rent. Someone advised me to only pay CCR up to Sept 10 for the rent since that is the day the house is going on auction. They even said that I should pay them a prorated rent up to Sept 10 minus our security deposit of $500. They said that even if CCR tries to demand your money they legally cannot since it is going on auction. What can I do legally?
3 Answers from Attorneys
Your written lease agreement controls your obligations. Have the lease reviewed to determine what is appropriate.
Be very careful taking legal advice from someone who is not a lawyer. With that said, have an attorney review your lease. Just because the property is being sold at auction doesn't mean that you are being evicted. In reality, the auction will likely result in the lender being the highest bidder and they probably will not take possession for quite some time. Your lease still controls how you are to act and be treated. If you leave before the end of the lease then you are contractually obligated to abide by the terms of breaking the lease.
Good luck.
Auction or foreclosure does not end your lease agreement.
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