Skip to main content

Tenant rights under foreclosure process!

Miami, FL |
Filed under: Landlord-tenant

Hello, im renting a house and my contract expired on March 2010, i didn't know anything about the foreclosure until i received the letter from the bank. i called the landlord and he wants us to continue paying the normal rent because he says the bank and the court are lying and he will keep the house. I checked the case online and the proof of publication was made on 4/28/2010 he sent us a letter from the bank dated may 14, 2010 asking him to continue paying as normal" i went to the bank and that letter is false, and they changed the date and some information. i need to know what to do because i cant trust anymore. we paid last week and he is calling us everyday asking for payment again. thanks,

Attorney Answers 3

Posted

Hi, if you have not signed another lease and your lease expired in March 2010, you are currently under a month-to-month tenancy, if you pay rent monthly. This means that you can terminate the tenancy by giving the landlord written notice not less than 15 days' notice prior to the end of any monthly period.

If you want to stay in the property, you can continue to pay rent and stay there until either the landlord or other authority gives you lawful notice to leave. Additionally, Dade County has adopted provisions of the Protecting Tenants at Foreclosure Act of 2009, which states that tenants may stay a minimum of 90 days after foreclosure sale or stay until the end of a written lease term.

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

As long as the house is owned by the landlord, you have the obligation to pay the rent if you want to stay in the premises. Whether the landlord is lying about whether he will keep the property is irrelevant to that obligation. While it is his, he is entitled to receive rent.

There is a minor correction to be made to my colleague's answer--the 90 day period that you can stay in the premises after the property is sold at a foreclosure sale does not begin with the date of the sale, it begins with the date that you are given notice to vacate the premises. The clerks' offices are all backed up in paperwork, so quite a bit of time can pass between the day of the sale and the day the certificate of title is issued, so the 90 day period may not begin for quite some time.

So while the landlord may not be the nicest person around, he is within his rights to expect to receive rent from you in timely manner.

Good luck.

Mark as helpful

1 found this helpful

Posted

Ask the bank for a copy of the assignment of rents and a letter (not a phone call) stating that the conditions of the assignment of rents have been fulfilled and stating that the bank has the right to received the rents, which will be applied to the mortgage. Then pay the bank and keep cancelled checks or get receipts. You can use this as proof if the LL tries to evict you. But I'll bet he won't after you provide him with copies of your documentation.

CLT

Mark as helpful

Landlord-tenant topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics