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    JessieJames50's Avatar
    JessieJames50 Posts: 1, Reputation: 1
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    #1

    Jan 5, 2009, 07:22 AM
    Tenant served foreclosure notice from clerk of courts.
    I am a tenant and have been served a foreclosure notice and named a defendant (along with the landlord and the HOA) as a consequence of the notice, since I am leasing the property.

    I want to leave the property (break the lease agreement). My landlord has sent me a 3-day notice to pay-up and wants payment for the remainding moths on the contract. I live in Florida. Is this acceptable practice where I must continue to make payments on property that is still going through the foreclosure process. Is the fact that I was served good enough to break the lease?

    Thanks
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Jan 5, 2009, 07:25 AM
    You are responsible for payment of the rent as long as the landlord owns the property. The fact that the landlord's lender has begun foreclosure proceedings doesn't mean that the landlord won't resolve that issue and it doesn't give you a legal reason for breaking the lease.

    Also, if you break the lease, Florida law does not require the landlord to find a new tenant. So you will be held responsible for the full amount of the rent until the end of the lease term, or until the property is sold at auction, whichever comes first.

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