What happens to pre-paid rent after a foreclosure?

Asked about 2 years ago - Key West, FL

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 ?

Attorney answers (3)

  1. Michael Ingrassi Santucci

    Pro

    Contributor Level 4

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    Lawyers agree

    Answered . 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.

    If my answer was helpful or informative please “Mark as a good answer” or “Mark as best answer” below, if appropriate.

    The answer given above does not constitute legal advice. The information is provided for informational and educational purposes in an effort to encourage open discussion of legal issues. Advice often cannot be relied upon unless a formal legal consultation is given in which the specific facts surrounding your question are disclosed, analyzed and discussed. Furthermore, although many intellectual property matters are governed by federal law, the law governing certain subject matters varies greatly state-to-state. This answer does not create an attorney-client relationship. In an abundance of caution, seek a qualified attorney in the specific area of your question. Michael I. Santucci is licensed to practice law in the State of Florida.

    Good luck,

    Michael
    mis@500law.com

    Legal decisions should not be made in a vacuum. There is no substitute for a traditional legal consultation with... more
  2. Garrick Neal Fox

    Pro

    Contributor Level 10

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    Answered . 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.

  3. Preston Hall Oughton

    Pro

    Contributor Level 11

    Answered . 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.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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