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.
Okay so you guys say to keep paying rent until the foreclosure is complete. Now my last question is.... How will I know the foreclosure is complete? Thank you!
Real Estate Attorney
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 not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
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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 Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
Criminal Defense Attorney
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.
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