What to do if I’m a tenant and the property that I am renting is in foreclosure?

I just renewed the lease 2 months ago. The property is managed through a property management company. We went to court due to the fact that I withheld rent for remedy of the foreclosure. The landlord/property management would not respond with the intentions of the property. The juded made his final order (to pay rents due and contract would now be month-to-month). We paid as ordered. The property filed a judgement for eviction for not paying the court order 10 days ago. That same day the bank for the mortgage on the property filed final judgement on the foreclosure. Until this day the property manangement has not dismissed the judgement of eviction. Is this wrongful a eviction?

Asked on January 21, 2013 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Good question. Since the property that was owned by your former landlord has been lost in foreclosure the eviction order is now null and void. Since you are on a month to month lease now per the court order, make lease payments to the new owner. Under 2010 federal law, your landlord on the foreclosed property must give you 90 days written notice of he or she wants to end your monthly lease.


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