Can owner of house which is now in foreclosure, evict tenant when he quits paying rent?
November 14th, 2009 by admin
Just moved into a house (Florida) Sept 1, found out 2 weeks ago it is in foreclosure, so we quit paying rent. Can the owners evict us for non payment of rent (No legal Lease involved)If so, how much time is involved, what are my rights. Please help me.
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YOu should be putting your rent into escrow. As long as he is the legal owner, untill foreclosure removes him from title it’s his property. Without a lease or a rental payment you are a squtter.
Quoting Reasons For Eviction – 2. Violating the Rules
——————————————————————————–
This means violating either your lease agreement or the Landlord-Tenant Act.
The Act divides tenant breaches into two categories, curable and noncurable. (Curable means that the tenant gets a chance to solve the problem.)
Curable noncompliances include: unauthorized pets, unauthorized guests, and not keeping the dwelling sanitary.
In the case of a curable condition, your landlord must give you seven days in which to fix it. However, if you commit the same noncompliance again within twelve months, your landlord may then evict you without another chance to cure.
In this situation, your landlord must leave you a notice specifying the noncompliance and explaining that unless you take care of it within seven days the lease will end. (F.S. 83.56(2b))
Noncurable noncompliances include: Intentional misuse of the landlord’s or other tenants’ property, and repeated unreasonable disturbances. In these cases, your landlord just has to leave you a note containing the seven-day notice and specifying the problem. (F.S. 83.56(2a))
If no lease is invloved then you can argue the case in court- however if there is a lease then you would be required to pay or he could technically evict.
The forclosure is his business, not yours…..you stop paying rent, he can evict………your rights ended, when you stopped paying rent…….
Even with no lease, you are concidered a month to month tenant. You are liable to pay rent. You cannot withhold rent legally with out a court order. Therefore, he can file for eviction because you have not paid Oct rent. Doesnt matter if he is losing the house. Until he does, he is entitled to his rent. He is still the legal owner.
Does it ever occur to you people who advise withholding rent, that the tenant can be evicted and ruin their credit?
kats…
all of the above answers are great…but there is nothing like experience….my son went through this recently and he contacted a lawyer as well. here is the outcome.
the lawyer advised him to move asap, since the home was already in the foreclosure process. The attorney indicated that he would most probably be evicted one way or another anyways. After foreclosure when the home goes up for trustee sale –the new owner will put him out via eviction anyway…and the old owner doesnt have money to pay his bills, let alone pay for a court hearing on an eviction…the old owner has bigger problems to deal with.
however, if he had stayed in the home —and the new owner evicted him, it would go on his credit…so the attorney suggested to get a new place now -while his credit was still in good standing.
again…everyone can give advice….but there is nothing in this world like experience and having to go through that was “Quite An Experience”.
good luck
If the landlord is in foreclosure, by the time he evicts you in court, the sale of the house would have already taken place.
The landlord is in the breach of the lease (verbal or written), because he HAD to have known he was behind in payments when he leased you the propery, therefore, by not disclosing that, he has caused you a hardship.
If you have NOT received a notice from he bank on a day to vacate, I would pay him the rent at the END of the month instead of the beginning, and I would just leave off any late fee he charges….b/c you won’t get your deposit back anyway, and that is to make sure you don’t lose much money when you have to move.
Make sure that what you “owe” him equals the deposit…that way he can’t sue you later.
I NEVER advocate people doing this, unless the landlord stops paying his bills and refuses to be honest with the tenants, and causes the property to fall into foreclosure. It costs money to move and those scumbags forget that.
You got some good, but very long answers here.
The short version is: you must pay your rent and the owner has the right to evict you. That’s it.