House in Florida is in Foreclosure and owner listed for Short Sale after Final Judgment - what are our rights?

Asked over 2 years ago - Ocoee, FL

Just signed a 2nd lease 2/1/12 for 1 year. Owner has continued to deny foreclosure was in process. Sale date was set for 5/25/12 - appears to have been postponed. Just listed for short sale on 5/18. Owner is offering us reduced rent, but what happens to our lease if it sells via short sale or if it goes to auction?

Attorney answers (3)

  1. Carol Lynne Zimmerly


    Contributor Level 19


    Lawyers agree


    Answered . You can continue to rent as a month-to-month tenant if you signed the lease agreement after the foreclosure case was filed.

    The new owner who purchases at foreclosure would have to give you 90 days notice that he is terminating your lease.

    The new owner who purchases at short sale would have to honor the written lease agreement.

    You will continue to pay rent to the current owner through the date of the sale. About ten days after the sale, the clerk will issue the certificate of title and the high bidder will become the new owner. At that point, you will pay rent to the new owner. The current owner will owe you the security deposit back after he is no longer the owner.

    Good luck!

  2. Preston Hall Oughton


    Contributor Level 11

    Answered . I agree with Ms. Graham. A Lease governs the relationship between the Landlord and Tenant. The existing Lease will show the term and any subsequent owner of the property can honor that lease agreement.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton (904) 854-6336.

  3. Ray Garcia

    Contributor Level 11

    Answered . Lease is still in effect, the foreclosure process and short sale process does not affect your warranty of habitability. After the foreclosure sale, you will have 90 days more under Florida law to vacate. Now you may have a claim against the homeowner who is in foreclosure if your lease is cut short, however, that cause of action is not ripe at this time because this short sale process may delay the foreclosure sale until the end of your lease term.

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