In a foreclosure situation, can the new owner change the terms of an already existing lease?

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In a foreclosure situation, can the new owner change the terms of an already existing lease?

I am renting a home that has been foreclosed on (a few days ago). I know that I have the right to stay in the home until my lease expires unless the new owner is planning to live there, in which case I have 90 days. Now the landlord” said that I have to deposit my rent into a court registry by the 1st at 5 pm or I will be held in contempt of court. In my lease agreement I have until the 15th of the month to pay my rent until it is considered late. Will the courts honor my lease agreement and allow me until the 15th to pay my rent?

Asked on April 14, 2011 under Real Estate Law, Florida

Answers:

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

Answered 10 years ago | Contributor

Being held in contempt of court means that there has been a court order issued that decided some matter that you were to abide by.  What court order?  Is there a court order?  Did the new owner serve you with any papers regarding this matter and were you to appear in court on it?  For a matter to effect you you have to have notice and an opportunity to appear to tell your side for the court to make a decision regarding your rights.  I think you need to kindly ask your new landlord for a copy of the order that directs you pay the money in to court by the 1st as it is contrary to your lease agreement.  You are correct that generally speaking owners buy a property subject to the leases already in effect.  Don't be bullied here.  Good luck.


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