03-08-2011, 08:18 AM
Location: Tampa, FL
2,637 posts, read
12,590,227 times
Reputation: 3630
Quote:
Originally Posted by
tampagirl1220
I am currently in this situation. The responsible side of my brain says to keep payng the rent. The fairness side of my brain says SCREW THEM, save the money and get out! Yes, I signed a binding contract when I signed my lease. But the landlord signed it too! Why should I hold up my end of the deal if the landlord doesn't hold up his? Why should he be allowed to continue taking my money every month and live carefree, while I am broke and do not know where I may be living in another couple of months? The mortgage where I am living has not been paid in NINE MONTHS - June 2010 according to the foreclosure papers we were served with. And they owe the bank almost $150K. Think about it....they haven't paid since June and they gave me a lease in the middle of September. They knew full well when we signed this lease that this was going to happen. They just wanted to make the extra money.
There are 18 tenants here, paying $700 a month...this landlord is making almost $13K a month in rental income and not paying the mortgage. He is living high and mighty off of our money every month. When we questioned him, he said, and I quote, "I am not going to fight the bank. I am letting them take it in foreclosure. But you'll have to keep paying your rent to me until you are evicted by the bank." SCREW THAT! I need to save that money to find a new place to live, and hope to God I don't pick another one in foreclosure.
So, yes...there is emotion involved. Which emotion? Pure hatred and blinding anger towards this jerk for doing this to us.
Your lease is with the landlord. I am quite confident that if you take the time to read it you will find that the landlord never promised you he would pay the mortgage as a condition of your lease. You pay rent in exchange for living there as outlined in your lease. You have absolutely no say about whether the landlord pays the mortgage or not, that's between the landlord and his mortgage company. You are still legally obligated to pay your rent even if the landlord does not pay the mortgage - and why shouldn't you? You still live there and you've agreed to rent it until the end of your lease. If you stop paying he can sue you for the rent you owe, get a judgment against you, and evict you - this will ruin your credit and rental histories and could effect your future employability in certain sectors. Here's hoping your responsible side wins, for your sake.
Just calm down and really think about it, what's the worst thing that can happen to you? The bank forecloses on the property and they are then bound by the Protecting Tenants in Foreclosure Act of 2009. Foreclosure proceedings move so slowly now, your lease may be up before the foreclosure even completes. If your lease predates the foreclosure, they must honor the terms of your lease except in a few situations where they must give you 90 day notice. So you don't have to move unexpectedly, you can continue to live in your home, how does it really hurt you if the ownership of the property changes hands? The bank will probably offer you some free months and "cash for keys" where they give you some cash to help with your moving expenses and you agree to transfer the property to them in good condition and refrain from doing stuff like stripping all the copper pipes on your way out.
Last edited by tilli; 03-08-2011 at 08:30 AM ..
03-25-2011, 10:00 PM
1 posts, read
2,046 times
Reputation: 10
I am in a rented house, in my lease we put in a clause that if the house was sold we would have 90 days to move out. Well instead of the owner selling the house the house went in to foreclosure. They have a date in court. I did not read the summons entirely, and I did not respond to it and I am in default. I wrote a letter and filed it with the court stating I was not aware of responding to the summons due to the fact that I was just the tenant and had no ties to the mortgage.
Possibility 1 My question is will I have 90 days to move out or will I have to move out when the bank take possession of the house.
Possibility 2: If the someone buys it on a short sale will I have to get out in 24 hours from a rid of possessions or do they have to honor my lease of 90 days to get out.
03-26-2011, 08:04 AM
Location: Port St. Lucie, Florida
4,507 posts, read
9,135,697 times
Reputation: 1996
This is from the Regional MLS Board in answer to a question I had presented to them about Realtors not disclosing that a house is already in foreclosure to a prospective tenant.
This was their answer and may clear up your questions as well.
[Landlords are not required to disclose foreclosures to renters or potential renters. Only six states require landlords to disclose an impending foreclosure, and Florida is not among them. An owner who is facing foreclosure cannot arbitrarily cancel its lease with its tenants due to the foreclosure. The new owner who purchases the foreclosed property may cancel the lease, but only in accordance with the law. A federal law, Protecting Tenants at Foreclosure Act of 2009 (Pub. L. 111-22) requires purchasers in foreclosure to give at least 90 days notice to vacate the property to month-to-month tenants. Tenants with longer leases are permitted to occupy the foreclosed property for the remainder of the lease, unless the new owner intends to live in the property, then only 90 days notice is required before the new owner may break the lease and require the tenant to move out.
10-23-2012, 04:14 PM
4 posts, read
6,628 times
Reputation: 10
what if there is no signed leased?
A friend is living in a rental home and a foreclosure summons has been mailed to the house soon after a bank rep visited the home. My friend and his wife are out of work collecting unemployment and are behind on paying rent. The landlord comes by the house weekly and verbally threatens them for money, and they pay what they can often not able to buy groceries or pay the utilities. Since there is not a signed , does the landlord have the right to come into the house and physical move their property out on the front lawn, as he keeps threatening? Is there any recourse for the renters?Or public assistance available? They do not even have a car to move themselves. I try to help but there is only so much I can do.
10-23-2012, 05:27 PM
Location: Broward County FL
652 posts, read
1,643,894 times
Reputation: 576
I never thought of this scenario, but if the landlord is going to let the property go into foreclosure it means you might be kicked out before you get to use the deposit which may include the last month's rent and security. Chances are the landlord will keep that money too since his credit will already be bad. You can sue him, but he can refuse to pay the judgement even if you win in court. There really should be laws in place to protect renters.
10-24-2012, 05:53 AM
Location: Port St. Lucie, Florida
4,507 posts, read
9,135,697 times
Reputation: 1996
A Landlord can NOT enter your home and do ANYTHING unless its an emergency situation -- its FLA LAW.
Their shifty landlord is collecting money for rent while he is NOT paying his mortgage. That is why this sounds like its going on the market or its about to go on the courthouse steps for auction. You can call the Court House and ask them to look your house up and see if it has a court date.
IF they dont have a lease they will be kicked out by the bank. You will be given AT LEAST 90 days --PLEASE READ THE ABOVE POSTED on this. Better be planning on moving--the landlord..he just wants money. Or wait for the police to show up with an eviction notice from the bank. They WILL move you out and bolt the door.
Figure your landlord WILL keep your sec money and most likely has already spent it.
HERE.. read what he / you can and can not due-- Fla Landlord Tenant Law - you cant keep your head in the sand on this. It wont just go away
http://www.floridabar.org/tfb/TFBCon...8?OpenDocument
Last edited by FlaLadyB; 10-24-2012 at 06:05 AM ..
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Residents speaking English at home - Native, born elsewhere (%)
Residents speaking English at home - Foreign born (%)
Residents speaking Spanish at home (%)
Residents speaking Spanish at home - Born in the United States (%)
Residents speaking Spanish at home - Native, born elsewhere (%)
Residents speaking Spanish at home - Foreign born (%)
Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)