Profile picture for Family4ever101

If we don't pay rent to our landlord and the house is in foreclosure, can he kick us out?

We've lived in our hm for almost 2 years, paid all the deposit first last exc, and have made our payments on time every month.
We just found out our landlord has not once paid on the mortgage payment and received a foreclosure notice. Since that time we have not paid... Can he evict us?
If so , about how long would it take?
  • May 18 2012 - Winter Haven
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Answers (4)

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Profile picture for wetdawgs
Your agreement was with the landlord, not the mortgage company.   If you don't pay rent you lose all your legal rights as a tenant except for those for eviction notices.   Here's a link to Florida Landlord/tenant guidelines.  Scroll down to "non-payment of rent".
  • May 18 2012
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Profile picture for Jugband45
Winter Haven... Florida?   I speak from  a Texas Perspective, but in Texas, whether or not your landlord is going into foreclosure is none of your business.

That's between him and his lender, but your rent is between him and YOU, and so is the security deposit, which the landlord is responsible for, no matter what. 

The deposit is your money that the landlord is holding for you, until time comes that he spends it on repairs & expenses, then what he spends becomes his. 

But you might have a hard time getting it back in this situation, anyway.

Security deposit issues don't come into play until someone is requiring you to move, so you can't do anything about it right now except negotiate.

For now, you just need to establish a dialogue with your landlord to see what he intends to do about the deposit, stopping the foreclosure, etc.

But If you don't pay your rent, on or before the due date in your lease, for any reason, you ARE evictable, at least in Texas, and probably most other states.

In Texas it takes about six weeks from receipt of the eviction notice to the time you're watching all your possessions stacked out on the Nearest Public Property (at the curb).

Most tenants leave on their own at some point in the process, because the final step (Writ Of Possession) is an unpleasant business for everyone involved, but especially for the people having all their possessions stacked out at the curb by strangers.

Also, not all foreclosures go through.

Your landlord could still possibly get straight with his lender, though that most usually doesn't happen by the time they're in so deep that a foreclosure has already actually begun.
  • May 18 2012
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Profile picture for Jugband45
Winter Haven... Florida?   I speak from  a Texas Perspective, but in Texas, whether or not your landlord is going into foreclosure is none of your business.

That's between him and his lender, but your rent is between him and YOU.

Your main sweat is the security deposit, which the landlord is responsible for, no matter what, but you might have a hard time getting back anyway.

Security deposit questions don't come into play until someone is requiring you to move, however.  All you can do is talk to your landlord about it right now.

If you don't pay your rent, for any reason, you're evictable.  In Texas it takes about six weeks from receipt of the eviction notice to the time you're watching all your possessions stacked out on the Nearest Public Property (at the curb).  In other states, it's probably different.

Most tenants leave on their own at some point in the process, because the final step (Writ Of Possession) is an unpleasant business for everyone involved, but especially for the people having all their possessions stacked out at the curb by strangers.

At one time, (in Texas) your house could get foreclosed without your knowledge, sold to a new owner, and the new owner could require you to move within 3 days.  If a leased house was sold, the lease transferred with the title, but not on a foreclosure sale.

Most people who bought foreclosures were buying them for rental properties, so they would simply leave existing tenants in the property, happy to have ready-made tenants. But some didn't, and weren't required to.

A federal law came into existence fairly recently which addresses that, and gives foreclosed tenants a LOT more time to find a new place to live.
  • May 18 2012
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Until your landlord no longer owns the property (the foreclosure has concluded) they are the legal owners of the property and can collect rent whether or not they're paying their mortgage.

  • May 18 2012
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