Foreclosure Notice for tenants of 4-plex

[mickeyhouse]

My jurisdiction is: Florida

I moved to Florida 3 months ago and rented this apartment in a 4-plex that is only 4 years old. All of the tenants were served with a foreclosure notice on Friday and we were told to get attorneys. That is not an option and I was told that legal aid only handles domestic cases. Our rent is due next week and the owner is telling us to give him the rent. We are to file a response to the summons within 20 days. Any ideas on were we can get some free legal help? Who gets the rent, is the immediate question. And what are the courts looking for in the reply we are to submit. Do they want copies of our leases? Welcome to Florida!!

 

[tpajet]

The question I have is who gave you the foreclosure notice? Also, what exactly are you being summoned for?

If you all are only renters, then you have nothing to do with the foreclosure, other than you need to look for another place to live. So that is the question - what are you responding to?

I would start by calling the court that is demanding the response and explain that you are only a tenant, not the owner, and want to know they are looking for from you.

I also wouldn't pay any more on rent until you figure some of this out. Especially since you are going to have to move. Although don't spend the rent money until everything is settled in case you are ordered by the court to pay up for some reason (i.e. if you stay there and would own another month's rent, etc.) I can't remember right off, but I believe that the landlord cannot collect rent if the property is falling under foreclosure because he technically does not own it anymore.

 

[jazyjuel]

If anyone else has any more info on this I would love to hear. I am going through the same thing and my property management company is telling me I can't break my lease unless the owner signs off on it. The owner is not returning calls or emails from anyone.

 

[USLoanAuditors]

If the property is in default (going through a foreclosure), you are still liable for the rent with the landlord. If you don't pay he can start the eviction process. Technically he is still the owner. You are still responsible for as long as it takes for the house to go to auction. Once the auction goes through then it depends on the new owner and the laws of Florida. The new owner may negotiate a new lease or keep the same one or he may decide to terminate the leases altogether. If the bank ends up as the owner you need to check the laws of Florida to see what your rights are in that case. They differ from state to state.