Legal Question in Landlord & Tenant Law in Florida
I'm in Broward County,Florida:
Our 1 year lease terminated end of June 2009 and a new one started July 1st., with a roll over of our Last month rent and a deposit(same amount). In July foreclosure papers were served. Spoke to the landlord and we agreed that we would live out the 2 months, August and September, for the deposits, and then vacate. I proposed that we stay on on a Month to Month basis at a much reduced rent and I would pay the HOA maintenance fees. (this would save me about $500.00 per month) He agreed verbally to this arrangement, but insisted that the payments should be in CASH only
on his lawyers advise. This arrangement would continue until the foreclosure was resolved. This to start on October 1st. QUESTION:
Will the fact that I had a lease protect me from summary eviction by the bank, or will I have the 3 month protection? If so at what point will this 3 month clock start? and will I be kept advised of the progress of the proceedings.? and generally how
vulnerable am I to be on the sidewalk?
Thanks in advance for your learned answers.
1 Answer from Attorneys
Did you sign a new 1 year lease on July 1st? If so, then you might be protected. However, if you are month to month then you are month to month. You are entitled to receive notice of the pleadings in the foreclosure case. I would file a notice of occupancy and request that copies of all pleadings be sent to your address.
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