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View Full Version : Confusion about verbal lease in Florida. Foreclosed property


JessicaRachelW
Aug 25, 2007, 09:28 PM
Hi I'm in a really rough position.. Our friend let us stay in his townhouse on a month to month basis.. we paid him with a check with the FOR RENT written on the check for about 4 months for now.

We recently found out the house is in foreclosure! He hasn't made a payment since Feb, 2007. There is also a lien on the house from the townhouse assoication . He owes them around 10,000 dollars.

He never told us about this until after we had moved in.

Now he wants to kick us out because we've felt ify about paying rent because we didn't know when the house would foreclose. (but we have never not paid rent!)

What's our rights in this circumstance since it's a verbal agreement?

And how should I go about handling the situation! Help please!

excon
Aug 26, 2007, 05:04 AM
Hello Jessica:

You are a month to month tenant. Either party can end the relationship with 30 days written notice. Evidently, he's doing that. There's nothing you can or should do, except move. What HE owes to whom is not a concern of yours.

Exco

shtpmom
Aug 26, 2007, 05:15 AM
You will Know when the home is foreclosed,the sherriff will serve whom ever is living in the home with papers ( you will have so many days to leave). LL is right, you must continue to pay him rent for the home is still his until foreclosure regardless of what is against the home.

dtbrealestate
Jan 29, 2011, 11:08 AM
I NOT AN ATTORNEY: There are some new laws in a place that allow the HOA to demand the rent from you to be applied towards owner's debt. What he does with the rent is not your concern. It seems that it is best to find a landlord that will have a more stable sitatution.

AK lawyer
Jan 29, 2011, 11:42 AM
... we've felt ify about paying rent because we didn't know when the house would foreclose. (but we have never not paid rent!) ...

If and when the mortgage is foreclosed, it doesn't follow that you would be immediately asked to get out. Public Law 111–22, sections 701-704, a/k/a "The Protecting Tenants at Foreclosure Act of 2009" seems to give tenants such as OP the right to a 90-day notice to quit, after foreclosure.