My landlord has been served w/ foreclosure pprwk. I was served also as tenant by process server.

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My landlord has been served w/ foreclosure pprwk. I was served also as tenant by process server.

If my landlord is not paying his mortgage can i stop paying rent to save for deposit and 1st months rent on new residence. Landlord has my deposit which I am not interested in getting back. I just want to stop paying rent to obtain funds for move. I estimate this process will take approx 80-90 days out by the 90th day. I would perfer to be out by day 60. We have a good relationship but am worried about being evicted b4 I have the funds or have found a suitable place. I have 2 pre-teen daughters and my wife is handicapped w/ MS. Not for sure if that is important info or not in your advice. THZ

Asked on May 22, 2009 under Real Estate Law, Florida

Answers:

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

Answered 11 years ago | Contributor

As for whether or not you should continue paying rent until the foreclosure, I would tell you to continue your rent payments, otherwise you can be evicted.  A  person in foreclosure can clear up the problem at any minute - they can make back payments, they can refinance, they can file Chapter 13 bankruptcy, etc.  You can get an eviction long before foreclosure is done, and that’s why you have to continue paying rent.

In Florida, the eviction process can take as little as 14 days.  A foreclosure takes at least 90 days; and right now is averaging 90-120 days.

What you may want to do however is to get the Landlord to agree to apply your security deposit to 1 month's rent.  If he agrees, to protect yourself, get it in writing.

Hope this helps.  Good luck.


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