What to do if I rented a property, the landlord is not the owner, and the property is in foreclosure?

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What to do if I rented a property, the landlord is not the owner, and the property is in foreclosure?

I found out because the ex-wife of the owner knocked on my door telling me all about it. She is asking me about the lease and to whom I pay the rent. The owner is in jail?

Asked on July 24, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the person who you signed the lease for the rented property is still on legal title to the property even though it is in foreclosure, he or she is still the legal owner and the rent is to be paid to that person even if he or she is in jail. The problem is how to pay the jailed owner. If you had made payments in the past through the mail, send the rent check via mail, but certified mail return receipt requested in the future to show you were sending the rent check and if the certified mailing is accepted, you receive the receipt back for your records.

Keep a copy of all checks paid for future need. You might track down the owner of the property who possibly is in jail, go visit or call him and ask him how he wants the rent checks paid. Follow his instructions and send him a letter confirming the instructions keeing a copy of the letter.

Also read the written lease about the situation you are in. There may be language stating how the rent payment is to be made in the current situation.

Another option would be to consult with an attorney and have the attorney write letters to the mortgage company and the owner asking for guidance as to how the rent is to be paid.


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