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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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?


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption