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Old 03-08-2011, 08:18 AM
 
Location: Tampa, FL
2,637 posts, read 12,590,227 times
Reputation: 3630

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Quote:
Originally Posted by tampagirl1220 View Post
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..
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Old 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.
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Old 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.
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Old 10-23-2012, 04:14 PM
 
4 posts, read 6,628 times
Reputation: 10
Default 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.
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Old 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.
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Old 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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