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Renter rights during owner foreclosure

Oviedo, FL |
Filed under: Landlord-tenant

I am a renter at a residental property and have reciently found the house served with foreclosure papers. The landlord has no intention on keeping the property, do I keep paying rent to the landlord that is not paying the principal?

My lease has ended 4 months ago and we never recieved a new one!

Attorney Answers 1


If your lease gives you the "right of quiet enjoyment" you may have a basis to break the lease. However, the process of foreclosure in Florida is not as fast as it is in many of the western states, and at times is wrongful. If your landlord is defending against foreclosure, it may result in some resolution with the lender which stops the foreclosure.

Unless and until the foreclosure ends with the bank or a third party, your landlord is still the owner of the property and can evict you if you stop paying.

Speak to the landlord. Ask him/her if there is going to be a defense. If not, advise him that you want him to agree to terminate the lease due to the foreclosure interfering with your tenancy. If the landlord becomes unreasonable, see an attorney.

The National Association of Consumer Advocates (NACA) is a non-profit consumer advocacy organization. NACA maintains a web site at where it lists geographically consumer law attorneys all over the US. If you don't already have an attorney, please look there for someone in your area who specializes in foreclosure and landlord/tenant law to review the details with you and advise you.

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