I was served with papers 10 days ago informing me that my landlord was entering foreclosure. Upon reading the legal paperwork, I found that he had stopped paying the mortgage PRIOR to renting the property to me and he has not made any payments since April. My rent each month is far more than my landlords mortgage payment, yet he has not made any efforts to catch up since I started renting in June.
I want stable housing with no surprises. Can I give my landlord 30 days notice and break my lease? I do not believe I should have to wait for the actual foreclosure and the 10 days the mortgage holder has told me they will give me to vacate... Please help. What are my rights?

Hello A:

You are in a legal hole. The only rights you have are outlined in your lease. That means you must continue to pay rent. Being in Florida is even worse. If you vacate, he can sue you for the entire balance of your lease, and doesn't have to mitigate your loss.

However, he's already got troubles. Do you think he'll sue you if you leave? I don't know if he would...

But, in terms of the 10 day notice the bank will give you, you'll be able to extend it to beyond 30 days... But, that's still not enough, is it?

excon

Florida law protects the lease unless: 1) the tenant is a named party in the lawsuit, or 2) the foreclosing party makes the home his/her primary residence. Under these circumstances, the foreclosing party must give 90 days' notice to vacate. Otherwise, the lease will continue until the specified end date.