Renters and Foreclosure: What are my legal rights?

Question

I just moved into a house in Florida and that same day some suspicious papers came addressed to the landlord from some attorneys. I called the real estate agent who rented me the house to express my concerns and she suggested I look in the public records for Palm Beach County and look for a Lis Pendens. Sure enough, there was a Lis Pendens filed on May 28 2008 for the house. I just paid my first month's rent and signed the lease. The real estate agency claims no knowledge of the foreclosure. Their only comment was that if the foreclosure goes through, I no longer have to pay the rent and can just wait until the foreclosing bank asks me to vacate. What are my legal rights in this situation? Any help would be greatly appreciated. Thanks in advance!

Jami

Answer 1

I find it really difficult to believe that a realtor did not know the house was in trouble.

Keep paying the rent, but you will eventually have to leave if the house is foreclosed upon and sold to someone who doesn't want a renter there. If the BANK takes the house, same story.

It could take a few more months before the foreclosure is actually final, but I'd start looking for a new place NOW. If you signed a lease, you still have to pay the rent.

This realtor is clueless.

Answer 2

Bummer, but thats life.  It may work out for you as the new landlord may give you (may have to give you) a few months where you don't pay rent, when they are in the process of evicting you - maybe they'll even pay you to move quickly once they have the place (called "cash for keys").  Here is an article on this - its for a different state but still has some good ideas.  Also, I'd strongly suggest you call the county gov't office that handles this (look for landlord/ tenant affairs or something like that in the phone book - blue pages) and ask them what your rights are, you may have some you are not aware of (such as new owner has to give you so much time to find a new lace, stuff like that).

http://www.chicagoreporter.com/index.php...

Answer 3

Check back frequently and look for a notice of trustee sale. That is basically saying the bank is going to foreclose and set a auction date. Find out when foreclosure sales are in your county. Usually they are (as a example) the 1st Tuesday of the month. Personally I would not pay anymore rent. Write a check to yourself every month for the rent amount and in the memo put AUG rent or Sept rent. It is going to take a little bit of time for the sale to be set and bank or whomever take possession. once that happens they have to evict you. Don't Panic, get yourself ready to move and keep up to date about what is going on. If they call about the rent money  ask them when the sale is and when your getting your deposit back. Don't let them scare you. the landlord voided your lease buy not providing it to you for the terms of the lease agreement.

Good luck to you, don't let them push you around.  

Answer 4

Who ever the owner is accepted your lease knowing that he was in a preforeclosure situation. He has now put you at risk and has broken the lease himself.

Contact HUD and RESPA they will advise you to an attorney that will not cost you anything. HUD does not like displaced renters. They will be on your side.

I am not sure you have any obligation to pay rent at all in this situation. The reason I say this is because of the foreclosure the landlord broke the lease as if know one is renting it, You are paying for a secure stable home the number one right you have as a renter. This right has been violated by the foreclosure. Contact the attorney and they will help. They will just give you advise on what is next for you there is nothing at this point that can be done to the owner.

I am affraid that if you laid out your deposit how much if any is recoverable.

I am sorry for this situation I will be praying for you.