Legal Question in Landlord & Tenant Law in Florida
I am renting an apartment and on Monday was served with foreclosure papers of the property I am renting. Should I still pay rent to the Landlord after getting this summons or should I take the rent and find somewhere else to stay. Does the Landlord have to give me my deposit back? He is threatening all of the tenants of eviction if we do not pay him in 0ne week. Can he do this?
2 Answers from Attorneys
He can threaten all he wants. If there is signed lease then he will be bound by it (as will the mortgage company if they move for an assignment of rents). If he moves to evict you, you may be able to defend the suit. If you are going to pay rent, you might want to consider paying it into the registry of the court under the foreclosure case. You should consult with an attorney to determine the proper course of action.
As long as you live there, you owe rent.
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