Can my landlord charge me rent ifI don’t have a lease and the house is in foreclosure?

UPDATED: Dec 12, 2011

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Can my landlord charge me rent ifI don’t have a lease and the house is in foreclosure?

I never had a lease because my landlord didn’t want to sign one. The house has been in foreclosure for a while now and she doesn’t pay the mortgage.

Asked on December 12, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You landlord can charge you rent presumably on a month-to-month basis for the unit you are occupying since he or she is still on title to it since it has not yet been foreclosed upon based upon what you have written. It does not matter that your landlord is not servicing the debt load on the property. So long as the landlord is on title you need to pay rent even though you do not have a written lease.

You need to be aware that the lender may get a court order seeking payment of rent to it by you. If that happens, you would be obligated to comply with a valid court order.

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 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.

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