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JManning · Mar 19, 2009, 10:18 AM

My landlord rented my six kids and myself a home in December 27,2008. On Feb 4th we received 2 different foreclosure papers for the home. Now she has put it up for sale I paid the rent and now she is telling me that if I don't cooperate with her realtor then the will cancel the contract and make me vacate the premises. What do I do, I have things to do with 6 kids and I am not always home

stevetcg · Mar 19, 2009, 10:31 AM

Cancel the contract? You mean your lease? Does it say anything in the lease about selling the property and cooperating with the realtor? What is he expecting you to do?

JManning · Mar 19, 2009, 10:37 AM

There is nothing in the lease about selling the property, she is trying to get money and when I first refused to pay she said get out, I reluctantly paid it until I could find a place to move to, but now she is getting nasty and still has $650 of my security deposit. All she is worried about is paying her bills in North Carolina while I am here in FL getting served with another set of papers for something else every other week. The stress is killing me but I don't have a place to go until April 18th.

stevetcg · Mar 19, 2009, 10:39 AM

Originally Posted by JManning

There is nothing in the lease about selling the property, she is trying to get money and when I first refused to pay she said get out, I reluctantly paid it until I could find a place to move to, but now she is getting nasty and still has $650 of my security deposit. All she is worried about is paying her bills in North Carolina while I am here in FL getting served with another set of papers for something else every other week. The stress is killing me but I don't have a place to go until April 18th.

Trying to get money? You mean rent? Rent is owed as long as you are there, regardless of the foreclosure.

JManning · Mar 19, 2009, 11:00 AM

I am paying her rent

stevetcg · Mar 19, 2009, 11:11 AM

Originally Posted by JManning

I am paying her rent

I am confused then. What money does she want from you?

LILL · Mar 19, 2009, 04:07 PM

Yes, you still need to pay rent.

Florida law allows the landlord to show the property with 12 hours notice to you.

83.53 Landlord's access to dwelling unit.--

(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. "Reasonable notice" for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:

(a) With the consent of the tenant;

(b) In case of emergency;

(c) When the tenant unreasonably withholds consent; or

(d) If the tenant is absent from the premises for a period equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

(3) The landlord shall not abuse the right of access nor use it to harass the tenant.

History.--s. 2, ch. 73-330; s. 5, ch. 87-195; s. 4, ch. 93

ScottGem · Mar 19, 2009, 05:53 PM

Originally Posted by JManning

All she is worried about is paying her bills in North Carolina

Oh geez, what a terrible person. She is worried about paying her bills.

Have some empathy! She is probably one of many people who was forced to move for some reason and couldn't see their old home and is trying to manage. And you are just making it harder for her.

Until the house is sold or foreclosed on, you are required to pay the rent. You have a lease which I assume runs until the end of this year. If you move out without the landlord's permission, you could be held responsible for the balance of the lease. She is also entitled to show the house with reasonable notice. If you can't be there you can propose an alternative time. Also, I assume the realtor has keys, so they can show the property without you there.

BOTH landlords and tenants have rights. You are acting like she has none. Why should someone serving papers that have little to do with you stress you out? You will get plenty of notice of a sale whether by the owner or through foreclosure. If the owner sells the property, the new owner will have to honor your lease. If a foreclosure, the lease will be voided but you will be given a reasonable amount of time to find a new place.

Fr_Chuck · Mar 19, 2009, 06:55 PM

As long as you live there, you have to pay rent, except in California being in foreclosure does not stop your requirement to pay.

Next if you have a lease ( I never saw the original poster say they were actually on a lease)
But if you have a lease, you can not just move, you are obligated to the lease just like the owner.
Next if they sell the property, before foreclosure, the new owner has to continue your lease also. So them selling would be the best thing for you, you continue on your lease and the home does not foreclose.