We moved into a house July 10th, 2010. To move in we paid 1st and last months rents in addition to a security deposit equal to a third month's rent. In November we were served with papers that the house was in pre-foreclosure.

The landlord has 2 months worth of our rent money which is money we are out if the bank takes over before the lease is up. We would like to stop paying rent for 2 months and then plan to resume paying rent in April if the landlord still owns the house. The landlord is obviously not happy with this idea but can he evict us for it? We want to make sure we don't lose the money we've already paid to him.

Yes, The minute you are late on your rental, you are in breach of the lease. He can serve you with a 3-10 day pay or quit notice and get an eviction order usually within a few weeks.

If the property does foreclose you will have 90 days to move out. And you probably won't be charged rent for that period.