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My boyfriend & I have lived in this efficiency for 10 years need answers.

Pompano Beach, FL |

For 10 years, my boyfriend has paid every Friday rent. Now we are finding out the house is in foreclosure. We have no binding agreement it was all done on a handshake. Do we still have to pay rent to the landlord even though it's in foreclosure ? How long do the usually give you to move out in Broward county Florida?

Attorney Answers 3


Until the property is actually sold it still is owned by the landlord. If you do not pay rent he/she can evict you. Is that what you want?

As a practical matter, cases in Broward County can still take a year--it will depend on whether the landlord will contest the case. The landlord may try to work a deal with the bank, or declare bankruptcy, or reinstate the loan to make it current, or make it take as much time as possible. The time frame has so many possibilities, it is like the hurricane map on the weather channel, where the cone is bigger the further away you are from the initial location. You could be there for years if the landlord seeks protection in a Chapter 13 bankruptcy.

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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Thank you for getting back to me. That's what I needed to know. We will pay rent till the day comes when we have to leave. We were told that its illegal for him to be collecting rent while in foreclosure. So, I'm assuming that was wrong info.

Jeffrey B. Lampert

Jeffrey B. Lampert


The landlord is within his/her rights Also, take a look at the Protecting Tenants at Foreclosure Act. It provides tenants 90 days after the sale of the property to continue to stay, and the law doesn't even specify that rent must be paid during that 90 day period. The law itself is set to expire 12/31/14, but it could be extended. You should have received, or will receive, a Summons directed to "Unknown Tenant#1". You are under no obligation to respond to it, but you should, if only to admit that you are tenants. That way, the bank has to send you every pleading that is filed so you can have as much notice as possible as to when a possible sale will take place. YOU are not on the mortgage note, so you do not have to worry about attorney's fees or court costs. And it puts the bank, the lawyers and the court on notice that you are a tenant and have rights. Point is, you do not have to worry about notice of only a day or two or week or month to move. Just be sure to keep your eyes and ears open, and not to what you may hear from a realtor or a property manager, but from the court papers and advise of an attorney.


The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when the landlord is in breach. Generally, the Florida statutes provide rules when no lease exists. I recommend you talk with an attorney about your situation.

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.

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Yes, you still have to pay rent, but you can also speak with the landlord about the foreclosure and your concerns . It can take a long time to foreclose, but you may be more comfortable looking to see what else is available.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. Leonore M. Greller, Esq. is a Supreme Court Certified Civil Circuit and Family Mediator and a Qualified Residential Mortgage Foreclosure Mediator and Arbitrator.

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