Do you still owe past due rent to a landlord after foreclosure?

UPDATED: Aug 18, 2011

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Do you still owe past due rent to a landlord after foreclosure?

I received an eviction notice. After around 15 days or so the locks where changed (I had moved all of my belongings out by then). I had not paid rent to the landlord for the 6 months prior. Now he is still wants me to pay him for my back rent. I do not have any kind of signed lease with the landlord, just a verbal agreement. Is he legally due any more rent money seeing as he stopped paying at least 3 months prior to me not paying rent?

Asked on August 18, 2011 Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not your landlord has paid his mortgage has nothing to do with your obligation to him. Your "lease" (see below) was for a habitable premises in which to live and from all accounts that's what you got. So yes, you can be sued for back rent even if your lanord's property is foreclosed on.

Additionally, even if you did not have a signed lease, you still had a lease albeit an oral one. This established what is known as a month-to-month tenancy. This makes you liable for rent for the time in which you stayed on the property and did not pay (plus fees/costs).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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