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Fla landlord tenant laws regarding foreclosure and eviction

Fernandina Beach, FL |

we moved into a mobile home that was abandoned by our landlords husband, and she had told us she had planned to let it go into foreclosure, but then decided to rent it out in an attempt to save her credit. OK.... so we moved into the residence in July 2013 and after a week of cleaning it out of the stuff and trash left behind ( in lieu of a security deposit), we finally got moved in. Our lease clearly states that we did a search and found that at the time of move in the property was not in foreclosure, however on Sept 5th we found out from her finance company that she was in forclosure and had til sept 2oth to pay all back payments PLUS forced insurance on the property, swe have receipts of ALL paymts and refused to pay her but pay the mortgage company directly, now shes trying to evict

the mortgage company is working with us to help us assume the loan on the property and we advised the landlord in writing that we were no longer going to pay her but pay the mortgage company directly instead since she doesn't pay the bills. She has given us a 3 day notice with an incorrect amount first of all, but we don't know what to do. we do not have the money or the timeline if we did to hire an attorney. We have all receipts for rent and repairs since we have been here. What do we do??

Attorney Answers 3


  1. I understand your reluctance to pay a landlord who has defaulted on a mortgage, however, your landlord is legally entitled to the rent, (not the mortgage company) and he or she can evict you if you fail to pay the rent. Despite the filing of a foreclosure law suit, it is possible that your landlord could get current on the late mortgage payments, or could refinance, or enter a short sale, etc.

    If you have already been served a proper 3-day notice, I suggest you either pay the rent due, or timely vacate. A defective notice is a defense to the eviction law suit, however, it does not mean your landlord is not entitled to the rent. All your landlord has to do is serve another proper notice to you.

    The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information provided by this website is not intended, nor should it be construed, to be legal advice. Your use of this website, and/or the sending of information to the Fucillo Law Firm, P.L., does not establish an attorney/client relationship. Please do not send us any confidential or privileged information until such time that an actual attorney/client relationship is actually established.


  2. I agree with Attorney Fucillo, but I have to also add that some judges will not allow the eviction to proceed, stating that the landlord has unclean hands and is rent skimming.

    You should either pay the landlord or put the money into escrow at the courthouse.

    You should hire a local attorney and get some advice and representation.
    Good luck!


  3. I agree with my colleagues. Despite the fact that it "feels wrong" to pay a landlord who is defaulting on their obligations, they are still the owner of the property and entitled to collect the rent until the bank forecloses.

    Good luck.

    This response is intended solely to convey general information and should not be construed as legal advice. In no way should this response be construed to create an attorney-client relationship. The formation of an attorney-client relationship requires satisfaction of multiple factors such as resolution of possible conflicts of interest, an appropriate fee arrangement, and mutual agreement on the terms of the engagement.

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