Legal Question in Landlord & Tenant Law in Florida

foreclosure

I was renting a house with a year lease. the house was in foreclosure(I did not know it at the time until my wife was served papers at 8:00 in the morning in front of the kids. The summons named the people we rented from as defendants as well as me and my wife. Would this break my lease aggreement between myself and my landlord due to being named in this summons that according to the summons we are to have a telephone conference for Notice Of Hearing???? Thank you Matt


Asked on 8/06/07, 9:54 am

3 Answers from Attorneys

Philip Duvalsaint Philip A. Duvalsaint, PLLC

Re: foreclosure

The foreclosure is most definitely a breach of the lease, you probably should counterclaim against the landlord for any damages you may suffer as a result (moving costs, lost deposits etc...) You should speak with an attorney immediately to protect your rights.

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Answered on 8/06/07, 1:22 pm
David Slater David P. Slater, Esq.

Re: foreclosure

You may also be able to work out some arrangement with lender for you to stay.

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Answered on 8/06/07, 5:40 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: foreclosure

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is not an automatic breach of the lease by the landlord. Many times foreclosures are filed but worked out before they get too far in the process. You are obligated to continue to pay the rent if you remain in the property. If not, the landlord can file to evict you.

If you are not comfortable paying the rent to the landlord, then you can pay it into the registry of the court. The rent will then be paid to the party who wins the case or is determined to be entitled to the rental payment by the court.

You may wish to speak to the Plaintiff to see if you can work out a rental agreement with them in case they prevail in the case. Be sure to answer the complaint even if only to acknowledge receipt of it.

Scott R. Jay, Esq.

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Answered on 8/07/07, 2:25 am


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