If my rental unit has been foreclosed on, can I leave my lease2 months early?

UPDATED: Nov 10, 2010

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If my rental unit has been foreclosed on, can I leave my lease2 months early?

The on-line auction for the more than 400 units has been rescheduled twice and is now set for 12/16. Can I leave early and how are they even collecting rent and late fees when the bank already has a judgment?

Asked on November 10, 2010 under Real Estate Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Who is collecting rent and late fees?  The landlord?  If the property has already been foreclosed upon you should not be paying anything to the landlord or a management company on their behalf.  You should be paying the bank at this point in time.  Do you know the name of the bank?  Then I would contact them and I would let them know what is going on.  At this point in time your lease is probably void and you should ask about giving one months notice to vacate.  The bank will probably be happy to have you go voluntarily than to start holdover proceedings against you.  You may want to check all the particulars with an attorney in your state who can look at the status of the matter. Good luck.

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