Our rent is paid in 4 month installments 3 times a year under a lease we believe is protected under the PTFA. Rent was paid shortly before we discovered the foreclosure sale, so 3 months is pre- paid under the lease. Do we have to pay rent again to the new owner for that time period? We filed a notice in the foreclosure action advising everyone of the lease, and the prepaid rent and deposits held. Do we have to pay the deposits again? Florida statutes FS 83.49-7 seems to imply that it is the responsibility of the old landlord to transfer deposits. Since the new owner was well aware of this liability, and had ample opportunity to seek judgement from the mortgagor for these amounts, would he not be assuming the lease (assuming it is protected under the PTFA) with the pre-paid amounts ?
Intellectual Property Law Attorney
File a motion requesting that the Court order the landlord to return the deposits and prepaid amounts to you or transfer them to their rightful owner after any foreclosure sale. Notwithstanding, you might get the benefit of a few months in the property under the new tentants' rights act if you have a written lease with the landlord.
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There is a good chance that you will be able to stay in your home until the end of your lease. But the lenders will put up every road block they can find, including ignoring you. You need to file something in the court file with your lease attached. By doing this, the lenders are supposed to notice you on all matters.
The deposits is something else. That is covered by landlord tenant law. He should give it back.
The Lease and PTFA will govern the relationship between the parties. If rent is owed to tenant for time lost in possession, then the landlord can be held liabile.
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