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  1. #1
    Join Date
    Jun 2008
    Location
    Ft Myers, Florida
    Posts
    4

    Angry Landlord Is Attorney And In Foreclosure, Won't Let Us Move

    My question involves landlord-tenant law in the State of: FLORIDA

    Our landlord is an attorney(retired) and a realtor. We had signed a multi-year lease to avoid having to move before my son finished high school, and 13 months remain.

    We (as John/Jane Doe) were served with notice (last month) that he has not paid the mortgage since the Dec 07 payment and foreclosure will commence. He is avoiding his summons. We requested that he allow us to move next month so we can be settled when school resumes in August, and that he utilize the final month's rent he is holding, as our rent for July.

    He responded by reminding us that he is an attorney and that he will sue us for the remainder of the lease period and keep our security deposit. He also said that we must continue to pay, and wait until the actual foreclosure and notice to vacate before we can move.

    This surprised us since he had told us, after we signed the lease with him nearly 2 years ago, that as long as we had completed one year of the term that we could move if we wanted to with no problem since the lease was so long and things do change. Things changed all right!

    Now we are his hostages, facing being forced to move abruptly but not knowing when. The whole purpose of the long lease was NOT to have to move until next summer after my son graduated!!

    There is no clause in the lease for early termination either so we are now just paying rent for time we may not get and waiting to be tossed out, through no fault of our own. He already has our last months rent, but demands we keep paying. We pay on the first, but could get notice on the second, so he would keep double rent for that final month-whenever it occurs. Is there any way we can with-hold rent or move without fear of being sued? Do we have any recourse? What can we do?

  2. #2
    panther10758 Guest

    Default Re: Landlord Is Attorney And In Foreclosure, Won't Let Us Move...

    The current status of owners payments on morgage have no reflection on your contract with him. Until the property is no longer his you own him rent. This site should help you seek some answers

  3. #3
    Join Date
    Jun 2008
    Location
    Ft Myers, Florida
    Posts
    4

    Default Re: Landlord Is Attorney And In Foreclosure, Won't Let Us Move...

    Yes, we were afraid of that and have kept paying. We were hoping someone knew of a potential loophole. Will his delaying receipt of his summons extend the time it takes for the disposition date to be set?(and free us) He says that without being served, this could go on for a year!!

  4. #4
    panther10758 Guest

    Default Re: Landlord Is Attorney And In Foreclosure, Won't Let Us Move...

    You can look at site I provided and consult and landlord/tenant Attorney for any such "loopholes" If any

  5. #5
    Join Date
    Jun 2008
    Location
    Ft Myers, Florida
    Posts
    4

    Default Re: Landlord Is Attorney And In Foreclosure, Won't Let Us Move

    Yes, I saw the site, thank you. Can anyone tell me if the landlord's avoidance of being served will prolong this situation? He is telling us since he hasn't been served yet that this could take a year.

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