Florida | Real Estate Law
Legal Question
If a renter finds out a landlord is going into foreclosure, does the renter have to honor the remaining months on the lease?
I singed a lease 3 months ago and have another 3 months on my lease. I found out my landlord is going into foreclosure (no court dates have been set yet for when the bank will take over). Am I still obligated to honor the lease or can I refuse payment since the landlord is simply keeping the rent check and not forwarding it to the bank? Can the landlord hurt my credit or evict me if I refuse payment?
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Legal Answer
You must continue to pay rent as long as you live there, and the landlord can evict you for failure to pay rent. What your landlord does with your rent check is not your business. As a practical matter, it is highly unlikely that the foreclosure will be completed within the next three months.
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Sarah Grosse, Esquire sarahgrossejd@hotmail.com New Port Richey, FL 34655
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Legal Answer
Generally, a tenant is still obligated to pay rent through the full length of the lease term even if the landlord is in foreclosure proceedings, unless the lease agreement expressly provides otherwise. In addition, failure to pay rent wold give the landlord the right to evict you.
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Bales & Bales, P.A. 4000 Ponce de Leon Blvd., Suite 470 Coral Gables, FL 33146
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Legal Answer
Yes, you do have to honor the remaining lease. As long as the landlord can continue to provide you with a place to live, he has not breached the lease agreement. So, if you just move, you will have to pay damages for early termination as provided in your lease. Once a foreclosure lawsuit is filed in court, it will take months before the property is sold either to the bank or another party. Also, the landlord may be trying to negotiate with the lender to avoid foreclosure proceedings. Regards,
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Longa Law P.A. 511 W Bay Street, Suite 350 Tampa, 33606
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Legal Answer
A new federal law gives you 90 days to move out after a foreclosure sale or the length of the lease.This would overide state law. I don't have the law citation near but can find it if you need help send me a n e-mail .
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Robert Brian Roemer LLC 11380 Prosperity Farms Rd Suite 204 Palm Beach Gardens, 33410-3474
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