FL rental home in foreclosure, but the lease is held with a property management realtor.

Asked over 5 years ago - Orange City, FL

We rent a home in FL with a lease ending 6/31. We received a summons as tenants in possession of the property giving us 20 days to file a written notice of claim against the property as the property is in foreclosure. The server stated the notice would keep us in the loop and give us more warning to vacate. Our lease is thru a prop. mgr. Although the homeowner began short sale procedures in Oct., she has not been honest re: foreclosure status. The prop. mgr. states that we still owe her rent through the end of our lease. She encouraged us to move into another of her properties, then she would release us from our current lease.
1) What is the purpose of the written response/what should it include?
2) What is our financial obligation to our lease?
3) What is the time frame for vacating after receiving this notice?

Attorney answers (1)

  1. Thomas Robert Thompson

    Contributor Level 8

    Answered . Thge foreclosure seems to be just beginning.

    Your written answer to file with the court is the best way to stay in the loop. File with the court a letter to the clerk referencing the exact case name and case number stating that you have a lease through June and need XXX days to vacate. Then you will be advised by the Court later on when the foreclosure is over and when you need to leave. Foreclosures are running so slow now, it may not be over by the time your lease is up. If you actually get thrown out before 6/31 you owe no more on that lease, it seems.

    Use the prop mgr to get a new lease on a new prop now is probably best.

    try going to a legal aid office to review the status of the court file and give specific advice.

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