Rental Foreclosure in Coral Springs (Riverview: mortgage, credit, lawyer)

[tagylyn]

My sister signed a 1 year rental lease on a condo on April 15th, 2008. This morning she received a letter from the courts stating that the property has gone into foreclosure. She called her landlord and he stated he talked to the bank and everything will be fine. She called the lawyers that were on the summons she received and all they could tell her was as of May 28th, 2008 no efforts had been made to update the account.
She then spoke to the manager of the condo complex and she stated that it's happening everywhere and my sister basically has no rights. She told my sister to ride it out until the notice comes for her to vacate the property and then she'll have 48 hours to move. And not to pay the rent and if the landlord sues her the judge would probably side with her.
My sister has 2 kids she can't vacate in 48 hours or much less take the chance of ruining her credit!
I told my sister not to pay June's rent, the landlord can use her 1 month deposit towards June rent and send a certified letter stating she is vacating the property within 30 days due to his breach of contract. It is probably bad advice I gave her.
She doesn't know what to do! She just moved in 6 weeks ago.

Any advice would be appreciated!

[Retiredcoach]

None of the posters on this forum can give you a knowledgeable response to your question without full knowledge of the facts (criteria specified in your lease if property is sold, etc.). Even then, your best route would be to consult an attorney. A landlord will write the lease to protect his rights, not yours. Failure to pay the rent could create other issues surrounding potential liens and property assets. Unless your attorney specifies otherwise, I would suggest that you continue to pay the rent (or risk being sued by another party or having your credit destroyed). Good luck!

[heydade]

THis is pretty simple, cut and dry. The owner is going into foreclosure, that alone is a perfect example of a breach of contract. You have nothing to worry about. What I would do is pay up until you are evicted and then take him to small claims court if he does not give you back your deposit.

Which condo complex in springs is this happening at if you don't mind me asking ?

[casualobserver]

[quote=tagylyn;3933028]
It is probably bad advice I gave her.
quote]

On the contrary, it is perfectly sound. Given that she has the kids to worry about, moving out upon the deposit rent expiring is for the best. (Unless she happens to be under Section 8, then she can't be evicted as long as she pays the rent.)

Many foreclosing financial institutions are not automatically evicting regular rent-paying tenants either nowadays, but neither are they pouring money into quality maintenance.

If it was your 25 year old single brother instead, I might suggest he ride it out for a bit (again after withholding rent, but instead demanding that the landlord cure) and see what happens.

Even as it stands right now, it is not 48 hours. Under Florida law the defendant has 5 business days to respond to notice of intent and then it is 3 day period to vacate upon notice of final judgement being entered.

[Retiredcoach]

[quote=casualobserver;3937545]

Originally Posted by tagylyn

It is probably bad advice I gave her.
quote]

On the contrary, it is perfectly sound. Given that she has the kids to worry about, moving out upon the deposit rent expiring is for the best. (Unless she happens to be under Section 8, then she can't be evicted as long as she pays the rent.)

Many foreclosing financial institutions are not automatically evicting regular rent-paying tenants either nowadays, but neither are they pouring money into quality maintenance.

If it was your 25 year old single brother instead, I might suggest he ride it out for a bit (again after withholding rent, but instead demanding that the landlord cure) and see what happens.

Even as it stands right now, it is not 48 hours. Under Florida law the defendant has 5 business days to respond to notice of intent and then it is 3 day period to vacate upon notice of final judgement being entered.

Walking away from any contract without full consideration of the possible consequences is foolhardy. That lease is a binding contract that would be enforceable and upheld in any court of law regardless of the owner's financial straits. Depending upon the rental circumstances, the tenant could be held to the terms of full contract (eg. paying for the months remaining on the lease when she left).

If the OP opts to pursue breaking the lease, an attorney is better suited to advise her of the proper direction. Breaking a contact based upon the pure speculation of what might happen if foreclosure occurs would place the current tenant in the unenviable position of being sued (and probably losing).

[Lilybeans]

Until there actually is a foreclosure deed issued to someone, the landlord owns the property, same as ever. You sister signed a lease. If she doesn't pay rent, she can be evicted, same as anyone else. There is no breach of contract-does her lease say that she can stop paying rent if suit is filed against the owner?

She breaks the lease at her own peril.

[sunrico90]

Maybe this might help: FAQ - Landlords and Tenants

[tagylyn]

Originally Posted by heydade

THis is pretty simple, cut and dry. The owner is going into foreclosure, that alone is a perfect example of a breach of contract. You have nothing to worry about. What I would do is pay up until you are evicted and then take him to small claims court if he does not give you back your deposit.

Which condo complex in springs is this happening at if you don't mind me asking ?

I am not sure of the name but it is on Riverview Dr by a mall.

[rhiannonfl1]

I agree with the posters who recommend consulting an attorney. They can advise as to if the pending foreclosure is a breach or contract. If she does not pay the rent, she may have problems renting another place. Here in FL,the foreclosure process takes 3-4 months, so she has some time before she will need to vacate. If the bank or foreclosure attorney are willing to speak with her (some may not due to privacy laws) they can keep her posted as to the anticipated sale date so she can prepare for when she will need to move.
A friend of mine is going through the same thing and she make arrangements with the landlord to not pay the rent. She is keeping the rent money in an escrow account. Her situation is a bit different, as she has already made plans to move into another unit in the same complex and the landlord has agreed to the terms.

Perhaps she can make some agreement with the landlord regarding vacating the property and the return of the security deposit.

NOTE: for any concerned renters who are reading this...you can search records on the county clerk's website to see if a Lis Pendens has been filed so you will know if a landlord is not making the mortgage payments. Not all renters are "lucky"enough to be notified that a property is in foreclosure.

[heydade]

Originally Posted by rhiannonfl1

I agree with the posters who recommend consulting an attorney. They can advise as to if the pending foreclosure is a breach or contract. If she does not pay the rent, she may have problems renting another place. Here in FL,the foreclosure process takes 3-4 months, so she has some time before she will need to vacate. If the bank or foreclosure attorney are willing to speak with her (some may not due to privacy laws) they can keep her posted as to the anticipated sale date so she can prepare for when she will need to move.
A friend of mine is going through the same thing and she make arrangements with the landlord to not pay the rent. She is keeping the rent money in an escrow account. Her situation is a bit different, as she has already made plans to move into another unit in the same complex and the landlord has agreed to the terms.

Perhaps she can make some agreement with the landlord regarding vacating the property and the return of the security deposit.

NOTE: for any concerned renters who are reading this...you can search records on the county clerk's website to see if a Lis Pendens has been filed so you will know if a landlord is not making the mortgage payments. Not all renters are "lucky"enough to be notified that a property is in foreclosure.

Wrong..here in south florida due to the MASSIVE foreclosures happening left and right, a foreclosure filing in court takes 10-12 months before it is even heard.