I signed a rental agreement on 10/1/12 and on 01/29/13 I was served with foreclosure papers stating the house has been in default since 08/01/12. The landlord has not told me anything as of now as far as the foreclosure. Am I still required to pay rent?
Yes. The landlord-tenant agreement you have with the landlord has nothing to do with the mortgage obligation your landlord owes to his or her bank. As a result, your landlord still retains ownership until his or her interest is extinguished in a foreclosure sale somewhere down the road.
6 lawyers agree
Landlord / Tenant Lawyer
Yes, you should continue to pay the rent.
The contract between you and the property owner is still valid.
Continue to pay the rent until the lease is up or a Judge states in an Order or Judgment that you must pay someone else.
Read the lease to see if you have to give written notice that you are not renewing the lease.
5 lawyers agree
Real Estate Attorney
I agree with Attorney Graham and would like to add that if you live in a community with a homeowner's association or condominium association, the association has a right to demand that your pay your rent directly to them if your landlord is also behind in monthly maintenance payments owned to the association. Florida law provides condominium associations the right to collect the rent from tenants to pay delinquent assessments that the landlord/owner is not paying. The law also provides you with immunity from your landlord for doing this and also provides the association with the right to evict you if you do not pay up.
Any legal disagreement between your landlord and the association should be argued and decided in court by a judge. If your landlord attempts to take any action against you for complying with the association's demand for payment, you will be able to sue him.
This answer is being provided for informational purposes only. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, you should contact an attorney and arrange for a consultation.
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3 lawyers agree
Yes, you should still pay rent. However, there is an argument that the landlord's failure to disclose the default and likely foreclosure constituted a violation of the Florida Unfair and Deceptive Trade Practices Act. Nevada and other states have law that state as much. This is because the value of a tenancy of a property in foreclosure may be less than the value a property that is not in foreclosure. A renter who is concerned about renting a property in foreclosure should always ask the landlord if there has been a default on the mortgage before signing the lease agreement.
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