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Can a landlord evict me on a home that is going to be auction off due to forclosure.

Miami, FL |

My landlord home is scheduled for aution at the end of the month. He has not provided me this information I am only aware becuase I responded to the bank when they filled for forclosure. I responded to them as the tenant of the property. I have not paid him this months rent and he;s calling asking for his money. Can he evict me.

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Attorney answers 2


Yes, please realize that the landlord's legal issues in a foreclosure as based on a contract between the landlord and the lender. There have been instances where a home has been accidentally or wrongly placed in foreclosure. Until the matter is settled and the home is sold to another owner, the home is still the landlords property under the law. As his property, the landlord has all rights and protections available to him, in most circumstances. The landlords has what is called "right of redemption", meaning he has the right to redeem himself, pay off all monies owed to the bank, and have the eviction dismissed.
The simple answer is yes, the contract between the landlord and his lender, even if in dispute, have no direct relationship to the contract between you and your landlord. The landlord may take any action, including eviction, allowed under the law.

There are of course other issues, such as your rights after the sale, your right to breach the lease if the foreclosure was not disclosed, etc, but in simple terms, YES, he can eviction you if you do not pay the rent as per YOUR agreement with the landlord.


Yes, as long as the landlord holds title to the property, he or she can evict you.

Ana Maria D'EScoubet, Esq.
(786) 786-1111
1801 SW 3rd Avenue
6th Floor
Miami, Florida 33129

This is not legal advice and no attorney client relationship is created by this communication.