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MizzXXX412 · May 23, 2008, 03:06 PM

We have been renting a home in Lee County, Florida for more than 6 months and have a lease on our home. We paid $4000 upon moving in and have been paying $1250 ever since. We recently found out that our landlord has not been paying the mortgage on our home and it is now in foreclosure. Is there anything we can do to whether save our home or get any of our money back that was not used for what it was meant for?

progunr · May 23, 2008, 03:10 PM

The landlord in foreclosure does not change your lease terms in any way.

He can do what ever he wants with your rent payment, there is no law that says he has to pay the mortgage with it.

About all you can really do is continue to pay the rent, as he could recover from this, there is no way to know if he will or won't.

On the other hand, it may be wise to begin to look into the possibility that you may have to move soon. There also exists the possibility that the bank, or new owner will continue to honor your lease as it is.

Legally, all you can do is pay the rent, hope for the best, and see what happens.

Fr_Chuck · May 23, 2008, 03:20 PM

First your rent is not "intended for anything" it is your legal obligation to pay for living there, the purpose of it, is to allow you to live there.
You have no legal obligation or right to tell the landlord what to do with his money. ** I know this is hard to understand but once you pay him it is his money. He is breaking a moral obligation with you, but it is not illegal for him to gamble, drink or give he money away if he wants to.

And until the last day the landlord has a right to redeem his property, and you have a legal obligation to pay rent to the landlord.

Now in some cases you may get an attorney and see about putting your rent money into a escrow account pending the foreclosure issues.

As to your deposit money, well the landlord is suppose to of course put that into a bank account to return to you, but of course if he is not paying his mortgage, I would have concerns over where that money is. So it is very possible that you will find yourself in a few months, after the bank takes the property, evicted without your deposit returned.
Sorry this is happening everyday.