Legal Question in Landlord & Tenant Law in Florida

We are tenants living in a house that is in a foreclosure proceedng, a motion for summary judgment has been filed but not heard as of yet. Because this a basically put our live on hold, not knowing what is going to happen in the furure (depending on who buys the house "Tenants in Foreclosure Act of 2009) we simply want out of our lease now. Can we break the lease based on the fact that the landlord has brought us in to a civil action law suit (turning our lives upside down) and has breached the lease and is in material noncompilance by not alowing us to live in qiute enjoyment. We want out of the lease now so we can move on with our lives.

Thank You


Asked on 2/13/10, 10:39 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

I know of no case law permitting this.

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Answered on 2/18/10, 10:49 am
Richard Stoffels Stoffels Law Group

The answer is in your lease. It will define what the owner of the property has to do to breach the lease, and then it will outline your remedies for such a breach.

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Answered on 2/18/10, 11:52 am
Lesly Longa Longa Law P.A.

Check your lease. If you still have possession of the property, the landlord has probably not breached your lease yet. But you can ask your landlord to let you terminate the lease early given this disruption and the impending sale of the property. If he/she agrees to, be sure to put it in a signed writing. Regards,

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Answered on 2/22/10, 2:16 pm


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