Do I need to stop paying my rent?

I am renting a house in South Florida and I got several letters to "Unknown Tenant" stating that this house is under foreclosure. The last letter I got says "ORDER SETTING NON-JURY FORECLOSURE TRIAL AND PRETRIAL PROCEDURES" and shows a trial date and location. I asked a friend who is in the real estate to check and he confirmed the house is under foreclosure. My lease is set to end in September. Should I continue to make my rent payment or can I stop? Is it even legal for the owner of the house to rent it out if they practically don't own it anymore? Thanks so much for your advise.

Hallandale, FL -

Attorney Answers (3)

Marshall C Deason Jr.

Marshall C Deason Jr.

Real Estate Attorney - Tampa, FL
Answered

The fact that the property is in foreclosure does not alter your obligation to pay rent to the owner. You must continue to pay rent to the record owner for the full term of your lease. If you do not pay rent, you can be evicted. If you are unsure of your rights as a tenant, you should consult an experienced real estate lawyer in your area.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
William H. Kassebaum

William H. Kassebaum

Landlord / Tenant Lawyer - North Miami, FL
Answered

The owner is still the title holder to the property until the foreclosure is complete or resolved and is do rent per your lease agreement.

DISCLAIMER: This answer is not legal advice nor does it create an attorney-client relationship between any user/... more
Rixon Charles Rafter III

Rixon Charles Rafter III

Landlord / Tenant Lawyer - Fairfax, VA
Answered

Do not stop paying. Until the foreclosure is complete your landlord is the rightful owner and can hold you legally to any valid lease agreement. LL can ( and should) start the eviction process if you fail to pay rent and sue you for any damages to boot. After the foreclosure sale, the new owner may or may not collect your rent immediately, but you will still owe it. You may be able to exercise some rights under the Protecting Tenants in Foreclosure Act.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more

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