Landlord rented me Florida property that was in foreclosure...this was found out months after moving in..landlord said she was doing mortgage refinancing,asked to hold her incoming mail and not to reveal property was rented .. Property is scheduled for auction later this month..Court is not aware property is rented.. Landlord is a Real Restate Agent and states that 5 days before Auction she's going to the Judge and file bankruptcy and will retain me as tenant..I also got property thru a Real Estate Agent...
At this point, there is only one item you need to do: pay the rent to the landlord. What the landlord does to try to keep the property or stall the sale is between her and the bank. As long as the property is not sold, the landlord owns and is owed rent per your lease.
Now, if you want to play a game and withhold rent and gamble that the landlord will not take the time or $ to evict you, you can do that and the worst that can happen is landlord will issue a 3-day notice and you pay the rent. UNLESS, there is no written lease. Then, if there no written lease, the landlord could terminate the lease "just because", whether you are current or not. So, do you want to move? incur the costs? have the hassle?j If not, then pay the rent and wait for the foreclosure action to play itself out.
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If she files she will have to list you as a lease holder under her executory contracts. You should talk with a local lawyer familiar with your state's laws in this area to discuss your options.
For informational purposes only. Not legal advice.
Landlord / Tenant Lawyer
You should pay the rent to the owner and also file a copy of your written lease with the Clerk of the Courts.
If you know the foreclosure case number, write it on the upper right hand corner of the first page of the lease agreement before you file it. If you don't know it, find out first at the courthouse, then write it and turn the lease in. You also have to send a copy to all parties in the foreclosure case of whatever you turn in to the clerk. if you don't have a written lease agreement, then write a short letter to the judge in the case explaining your name, address, that you have been a tenant since xxx date, the rent amount that you currently pay, what day of the month it is due, and for how long the term of your lease is/what day it ends on.
If you file a copy of the lease agreement with the clerk of courts, then if the property goes to foreclosure sale and is purchased by a new owner, the new owner will have to give you the 90-day notice from the 2009 federal act Protecting Tenants at Foreclosure before they can begin eviction proceedings. That will give you 90 days to find a new place to live. during the time, you will pay the rent to the new owner.
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