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Renting and plaintiff in a foreclosure action

Miami, FL |

Hello, I'm renting an apartment. I've just received a letter from a lawyer that says "DEMAND FOR RENTS PURSUANT...". It says that a judge has ordered that I have to pay the rent to his client and that I have to give them a copy of my lease. What's going on? What's going to happen to my security deposits? How do I have to act?
Thanks very much for the advise,
Ignacio

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Attorney answers 3

Posted

Hard to say on the facts provided. If there had been a court order, you likely had a judgment issued against you. You would have received notice from the court for any hearings--did you ignore any such notice?

Are you late on your rent? If you have not paid rent during the foreclosure process--you can be evicted. A tenant who fails to pay rent can be evicted, but this is done using court processes including a summons, hearings, the opportunity to present your side of the story, etc.

Not sure why they want a copy of your lease agreement. Since its hard to pin down exactly what has happened and when it occurred, its near impossible to tell you what will happen to your security deposit.

I would sit down with a Miami landlord tenant attorney before responding to the attorney's letter, paying any money, or providing a copy of your lease. You can use Google, or the Avvo lawyer search option, or call the Miami-Dade Bar Association and requesting a referral to an attorney in your area who can meet with you. If you can't afford one, use Google to locate a legal aid organization in your area (there are many)--most have a housing section and can provide a volunteer attorney to assist you.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I do five my 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Asker

Posted

Thanks. I have paid everything on time. They say that I should paid them the rent from June and that's the month that I came in. This is the first letter that I have received. Thanks again.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Hopefully you can document the June payment. As attorney Chen observed, more info is needed, especially where you mention foreclosure.

Asker

Posted

Un update about the situation. Yesterday two men from Miami Court came to my house with an order to pay the rent to a Trust Account or to the Registry of the Court. So, what do you recommend me to do. If I pay to the Court, can the owner of the apartment sue me for not meeting the contract? The court is asking me to send a copy of the contract. Who is going to pay the building maintenance and who is going to give me back all the deposits after my contract finishes? Is the new "landlord" responsible for this? Thanks very much for your help. Ignacio

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

See Attorney Graham's guidance (she is a FL attorney).

Posted

More information is needed. Various notices can start with the language you provided. If a lender foreclosed on the apartment community the lender may get an order from the court for rent to be paid to them. If a condo, the condo association could be demanding rent for unpaid condo dues. The apartment complex could be in bankruptcy . . .

We need more information to properly answer your question.

No attorney-client relationship is created by answering questions in this public forum. If you wish to create an attorney-client relationship, you must contact me directly and sign a representation agreement. Answers are provided based on general ideas and an answer specific to your situation would require a review of all documents.

Asker

Posted

Un update about the situation. Yesterday two men from Miami Court came to my house with an order to pay the rent to a Trust Account or to the Registry of the Court. So, what do you recommend me to do. If I pay to the Court, can the owner of the apartment sue me for not meeting the contract? The court is asking me to send a copy of the contract. Who is going to pay the building maintenance and who is going to give me back all the deposits after my contract finishes? Is the new "landlord" responsible for this? Thanks very much for your help. Ignacio

Dennis Andrew Chen

Dennis Andrew Chen

Posted

You should contact an attorney as soon as possible. The attorney needs to see all your documents to give you advice. Your additional information does not allow me to advise you.

Posted

I would continue paying rent to the current owner unless and until I had a copy of the order from the judge ordering you to do otherwise. I agree that you should get a consultation with an attorney and have them review. Sometimes banks / mortgage companies bully the parties involved and lie. One bank actually drilled the locks and took possession of the house before the sale.

Good luck!

Royce Brent Bishop

Royce Brent Bishop

Posted

It sounds like you got caught off guard and did not see this coming. I'm saying this because if you were completely caught off guard it is bad mentally, but maybe better legally speaking because you did not know. It is worse if someone knows about a lawsuit and ignored it.

Asker

Posted

Un update about the situation. Yesterday two men from Miami Court came to my house with an order to pay the rent to a Trust Account or to the Registry of the Court. So, what do you recommend me to do. If I pay to the Court, can the owner of the apartment sue me for not meeting the contract? The court is asking me to send a copy of the contract. Who is going to pay the building maintenance and who is going to give me back all the deposits after my contract finishes? Is the new "landlord" responsible for this? Thanks very much for your help. Ignacio

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

The judge has authority to order you to pay the rent into the registry of the court. If the order says to do that, then you should. I advise you to hire an attorney to check out the order to make sure it is legitimate. An order should have been mailed to you, not delivered by "two men from Miami Court." That sounds odd. I think you need to call a local landlord attorney or real estate lawyer and ask for a free consultation. Or go to the county courthouse and ask to speak to a clerk to check out the order's legitimacy. Anyone can print up a paper and sign it, so I would have you investigate this further. We can't comment on the "building maintenance" as you haven't given enough facts. You should ask a local lawyer in person for advice on that. Good luck in this situation.

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