What are my tenant rights if ithe homeowner has moved out, is not paying the mortgage and we have no written lease?

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What are my tenant rights if ithe homeowner has moved out, is not paying the mortgage and we have no written lease?

I live in a home that the homeowner has moved out of. Additionally, they are not paying the mortgage and are allowing it to go into foreclosure We have no written lease or agreement to pay any rent other than paying for the utilities. Can I prevent the homeowner from just showing up and trying to move back in or prevent the homeowner from allowing anyone else to move in? What steps does the homeowner have to take to have us move out of the home?

Asked on September 7, 2012 under Real Estate Law, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

So long as the homeowner is listed as the owner on the deed, he or she has the right to move back in.  The homeowner has the right to let someone else live in the house - they own it, after all.

If the homeowner wants to force you to move out of the house, they will have to bring a lawsuit for eviction.  They have to give you a notice and then file suit.  They are entitled to recover the costs of bringing the suit and their attorney's fees from you in this lawsuit.

It sounds like you are taking advantage of a bad situation.  If the homeowner wants you to move out, why don't you just do that?  Isn't the situation bad enough that you both should take care of yourselves the best you can without trying to make it all worse for the other?


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