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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default My Rental Property Is Being Foreclosed On In Florida - What Are My Rights?

    My question involves landlord-tenant law in the State of: tenant rights on foreclosures...

    i had a one year lease with my landlord that ended on feb 08... we have not signed a new lease but have been paying rent to him... on the 17th of april i revceived a letter addressed to my husband and the landlords (him and his wife) that the property was going to be foreclosed... the hearing is set for may 9th.... my husband is still on the document and i was dropped for some reason???

    we gave the letter to the landlord.. keeping our copy.... and he said it was all due to him paying late.. we knew better... and he said he had taken care of it... well in the lease the rent was to be paid on the 1st... we do not have a current lease..(ended in feb and he has never asked us to sign another).... but decided to withhold the rent from the landlord until the hearing to find out if we would have a home to still live in... in fear he would take our money and we would have no money for a new place to live.... he has served us with a three day notice to pay or quit.... that would put us to pay on wed and the hearing for the foreclosure is on friday... will he have time to get an eviction served on us in two days...????

    i have tried to contact the mortage company listed in the suit... they can not tell me anything.. without the landlords consent...all i wanted to know is if the loan had been made good or not... i called the court today to see if the hearing was still scheduled and it infact is still scheduled... so that leads me to believe that he has not taken care of the foreclosure...

    so i am going to go to the hearing to see if he has taken care of it and find out the sell date..

    my questions are

    1) why is only my husband listed in the suit.. and how will that effect him....???
    2) can the landlord actually evict me since the house is being put into foreclosure????
    3) do i have to pay the landlord this months rent?
    4) would it be worth my while to sue him for the rent that i paid him and he did not pay the mortage and im forced to moved?
    5) once the hearin is over is he still the owner of the property or will the bank be the owner???

    thanks for all ur help

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: My Rental Property Is Being Foreclosed On In Florida - What Are My Rights?

    Apparently you live in "the State of: tenant rights on foreclosures..." As laws are different in each state, and before today I wasn't aware that such a place existed, I can't look up your state's laws. So to find out what your landlord can and cannot do as part of the eviction process, check to see if your state's court system, county court website, attorney general's website, or legal aid website offers online information about evictions.

    If this is a judicial foreclosure, you should be able to find out from the court records for the foreclosure whether or not your landlord has paid up and had the case dismissed. If a Sheriff's sale was scheduled, and that's what's happening on Friday, you should be able to find out from the Sheriff's department (there's usually a separate "civil division"-type number you can look up in the phone book or on their website) has canceled the sale or if it is still on for Friday.

    You lived in the place, so you're not getting rent back for the time you lived there.

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