Upcoming Foreclosures

tenants rights in forclosure?

the home I rent is in foreclosure, I was served papers yesterday. I have asked the owner if I can use the $2000 security as the next two months rent and then pay monthly, he told me to speak to the agents who I pay the rent to. They say its against Florida law to do this and I have to pay the rent as normal. My lease runs out in August but I have been told that an auction date will be set for the house within 30 days. How do I get my deposit back and what happens if I refuse to pay til my deposit is paid back? Is the only way to get the deposit back, even if used in rent, to get the owner to cancel his contract with the rental agents?

Public Comments

1. You have no rights, a deposit can NOT be used for the rents (yes that is legally) and you are still living thers so pay the rent. When the house does sell at auction you can be give as little as 3 days to get out. Instead of fighting over a mute issue, you paying the rent, you need to find a place to live NOW. Added: Refuse to pay you end up in Court and that is something you do not want to do as it will go on your credit reports hindering another lease somewhere else.
2. you must pay all rent up to the point that the title reverts to the bank. if not, you could be evicted. pay as agreed and go to your township and find out what your options are. these depend on the state and i'm not familiar with Florida tenant law. in jersey, you can't use the deposit as rent.
3. No, you get that security deposit back because 9.9 times out of 10 the landlord has not given it to the bank.. If you don't, then - live the 2 months on that security deposit rent.. Believe, me, that 2K security is gone and you will have a hell of a time trying to get it back b/c of all the legal stuff.. As far as your rental - I would stop paying rent and live there as long as you can until the bank throws you out.
4. If the landlord is being foreclosed upon, it’s going to be an up hill battle to recoup your security deposit from the landlord
5. If you have been notified about a possible foreclosure, it could be only a legal requirement by the institution holding the mortgage. The relationship between your landlord and his lending institution has no legal bearing on your duty to pay rent. Until a foreclosure has finished and you have been legally notified to pay your rent to a new entity, you MUST pay rent to your landlord. If you try to use your security deposit as rent, the landlord can legally proceed to eviction court. Florida evictions can take 1-2 weeks.
6. Pojo is right except that I don't think you can be made to leave in 3 days. You'll likely get 30. At no time is it legal to use your deposit as rent.
7. If you don't pay as per the contract you can be sued and you will lose.You need to contact a real estate lawyer as some states are considering laws that protect the renter in the foreclosure process.