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    Ernesto0513's Avatar
    Ernesto0513 Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 4, 2009, 07:56 PM
    Foreclosure In Florida
    Hello there I just received a notice of foreclosure for my landlord.
    He just call me asking for the rent money.
    I was under the impression that is ilegal for someone to charge you rent when the house they are renting is going on Foreclosure ?
    My landlord also told me that I have 30 days to move out.
    I was told that Foreclosure is a process in which can take several months (6-12 months).
    My landlord hasn't made a payment on this property for about 6 months.
    What are my rights ?
    Can he charge me rent ?
    Can he tell me to move w/in a period ?
    I'm so upset because this guy said months ago that he was planning on letting the house go into Foreclosure but before he was going to let me know.
    Currently I'm unemployed which is making this process even harder for my wife and myself even more difficult with the length of time given by the landlord.
    What can I do ?
    Can someone help me out ?
    Any information will be greatly appreciate it, thank's.
    Ernesto
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Mar 4, 2009, 07:59 PM

    Yes of course he can charge you rent, only California has a law where they can not. If you do not pay he can evict you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Mar 4, 2009, 08:12 PM

    First, I don't know where you got the idea that it is illegal to charge rent while in foreclosure. That is not the case. A property owner has until the property is actually transferred to stop the foreclosure. If it was made illegal to collect rent, then that would ensure that the property owner can't pay the arrears. So you are wrong there.

    Second, as long as the landlord owns the property you are required to pay them rent according to the terms of your lease. If you don't you can be evicted.

    Third, Whether the landlord can tell you to move in thirty days depends on your lease. If you lease expires sometime in the future, he can't terminate it early. However, if you are on a periodic (month to month ) lease then, by Florida law, he can give you 15 days notice,

    However long it may take to process a foreclosure has little affect on you. The only thing that impacts you is the length of the lease. The only way the foreclosue affects you is when it is finalized. At that point, you will have to move, but you will be given a reasonable amount of time to do so.

    To sum up, as long as you live there and the landlord owns the property you have to pay him rent. He can only terminate the lease depending on when it expires.
    YJustus12's Avatar
    YJustus12 Posts: 2, Reputation: 1
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    #4

    Mar 13, 2009, 02:50 PM
    Ernest... In Florida, a landlord can not collect rent from you while the property is in foreclosure, & he can't keep your deposit either. I would check with your county court house to learn the status of the property though, because if there is a foreclosure sale your time is limited.

    The landlord still has an option to catch the property up prior to the sale.
    LILL's Avatar
    LILL Posts: 212, Reputation: 15
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    #5

    Mar 13, 2009, 03:42 PM
    Quote Originally Posted by YJustus12 View Post
    Ernest....In Florida, a landlord can not collect rent from you while the property is in foreclosure, & he can't keep your deposit either. I would check with your county court house to learn the status of the property though, because if there is a foreclosure sale your time is limited.

    The landlord still has an option to catch the property up prior to the sale.


    FL has no statutes protecting tenants or even dealing with a rental property foreclosure.

    Please post a statute that states otherwise.

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