[nelson333]

My landlord lives out of the country and I was just served with her papers on a foreclosure (Jan 17). What are my rights as a tenant to have my lease honored as it is up March 30? Also, I had been paying her rent directly into her checking out. How do I handle paying next months rent?

Thank you
Nelson

[ScottGem]

Unless you are in California, then your rights are limited. Until the property actually changes hands, she is still your landlord are you are required to pay rent to her or be evicted.

You don't say what exactly those papers say. What is 1/17? The date of the foreclosure sale or what? Generally, the tenant can delay the actual eviction for a few months.

[nelson333]

Scott- the papers were delivered today, Jan 17 (1/17) for the landlord. The clerk said her condo is officially in foreclosure. She has 20 days to respond. Not sure what my rights are or how long before the bank actually owns the property. Is there a set time in Florida from the summons to when a tenant needs to be out?

[ScottGem]

First, this sounds like it's the first stages of foreclosure. She may yet pay the arrears and bring it out of foreclosure.

The tenant of such a property does not have to move until the new owner tells them to. The new owner can give short notice, but if you refuse and request a hearing a judge is likely to give you 30-60 days to find a new place. So I don't see it likely that you will be forced out before the end of March which is a little more than 2 months away. I would proceed with the assumption that you will be able to find a new place to move into on April 1.

[nelson333]

Thank you! I am looking at buying and want to close in March, ensuring I will be out by March 30. Just wanted to make sure I legally had the right to stay here until such time and not forced to move beforehand. Regards.

[ScottGem]

No you don't legally have the right to stay once the foreclosure is finalized. But the likelihood that you will be forced out before March 30 is extremely small in my humble opinion.