Ask Me Help Desk - I rented a home under foreclouser what are my rights

I rented a home in Florida from a ownner, who is also a realestate agent. She has told me several times this home is safe from any financial trouble. This turn out to be a complete lie.she has gotten from me , over 8.000.00 in the last three months . What are my rights to stay in the home until the bank takes posseion. Do I still have to pay her ? Do I have any rights to get back any of my money? I fell she scammed me . She has not made a payment to the back since before I moved in. can I sue fro the cost to move again. Have her lience revoked. What do I do

Quote:

Originally Posted by valerie-latham

i rented a home in florida from a ownner, who is also a realestate agent. she has told me several times this home is safe from any finacial trouble. this turn out to be a complete lie.she has gotten from me , over 8.000.00 in the last three months . what are my rights to stay in the home untill the bank takes posseion. do i still have to pay her ? do i have any rights to get back any of my money? i fell she scammed me . she has not made a payment to the back since before i moved in. can i sue fro the cost to move again. have her lience revoked. what do i do

The foreclosure does not entitle you to live rent free - so, yes, no matter who takes ownership, you owe somebody rent on a monthly basis.

Are you month to month or on a lease? If you have paid her $8,000 in 3 months your rent is in the area of $2,666 a month - right? If you have a lease, it has to be honored, either by the present owner or the "new" owner.

No, you can't get your rent money back - you paid to live there and, in fact, you did live there.

Have you been notified that you have to move?

This is a he said/she said situation - if you are greatly inconvenienced (and I really don't see that here) you can always go to Small Claims Court. If you have a lease you can stay (or be bought out); if you are month to month you can be forced to leave any time upon 30-days notice.

As far as the realtor's license - she was acting as the owner of the property (from what I can read into this), not as a realtor representing someone else so while maybe what she did was ethically/morally wrong, I don't see a violation here.

First, you contracted to rent the home for a specified rental payment. While you are occupying that home you are required to make the payment. What the owner does with that payment is none of your business.

Now, if you can prove that the owner lied about the legal and financial status of the home, you can use that to get out of your lease.

You can stay in the home up to the time of foreclosure. At which point you will be given some time to vacate. With foreclosure you lease becomes void.

Have you considered buying the home from the owner? The lender may allow you to take over the mortgage.

You have no right to recover any money paid (other than a security deposit after you vacate). You coulld sue for moving expenses, but if they are allowing a house to go in a foreclosure doesn't sound like you are giing to easily collect.

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Originally Posted by ScottGem

First, you contracted to rent the home for a specified rental payment. While you are occupying that home you are required to make the payment. What the owner does with that payment is none of your business.

Now, if you can prove that the owner lied about the legal and financial status of the home, you can use that to get out of your lease.

You can stay in the home up to the time of foreclosure. At which point you will be given some time to vacate. With foreclosure you lease becomes void.

Have you considered buying the home from the owner? The lender may allow you to take over the mortgage.

You have no right to recover any money paid (other than a security deposit after you vacate). You coulld sue for moving expenses, but if they are allowing a house to go in a foreclosure doesn't sound like you are giing to easily collect.

Whoops - I thought the tenant's rights under the lease held and the tenant had to be "bought out" by the new owner.

Sorry for the wrong info -

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Originally Posted by JudyKayTee

Whoops - I thought the tenant's rights under the lease held and the tenant had to be "bought out" by the new owner.

Sorry for the wrong info -

This was another shock to me when I learned about this. But a foreclosure voids any lease. In a sale, the lease has to be honored. Go figure! With the huge increase in foreclosures, this is becoming as real crisis. Someone posted a link to a news article in response to a similar question.

People entering a lease in good faith and then being forced to move because of the foreclosure.