Can my landlord charge me rent ifI don’t have a lease and the house is in foreclosure?

I never had a lease because my landlord didn’t want to sign one. The house has been in foreclosure for a while now and she doesn’t pay the mortgage.

Asked on December 12, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You landlord can charge you rent presumably on a month-to-month basis for the unit you are occupying since he or she is still on title to it since it has not yet been foreclosed upon based upon what you have written. It does not matter that your landlord is not servicing the debt load on the property. So long as the landlord is on title you need to pay rent even though you do not have a written lease.

You need to be aware that the lender may get a court order seeking payment of rent to it by you. If that happens, you would be obligated to comply with a valid court order.


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