Legal Question in Landlord & Tenant Law in Florida

Tenant in a home going into foreclosure

I am renting a condo from an owner and we found out it's going into foreclosure. According to the landlord, he is working on negotiating a new loan for the property. I am planning on moving out after the lease is up, however I do not want to be evicted should the property go to the bank. Should I continue paying my rent, or tell him to use my security deposit as my last month's rent, clean the condo, and move out?


Asked on 12/22/08, 1:30 pm

1 Answer from Attorneys
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: Tenant in a home going into foreclosure

Even though the unit is in foreclosure, you still have an obligation to pay rent as long as you stay. However, the landlord's failure to keep up on the payments for the mortgage is a breach of his promise in the lease to provide you with "quiet enjoyment" of the premises. Thus, if you move out before the end of the lease AND he loses the unit in foreclosure, you could assert the foreclosure as a defense to any lawsuit the landlord filed against you. However, if he ends up keeping the unit, you could be liable for the remaining term of the lease.

Please feel free to contact us if you would like to discuss how to best protect your interest.

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Answered on 12/22/08, 2:49 pm


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