landlord/tenant advice on foreclosure

UPDATED: Jun 10, 2009

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landlord/tenant advice on foreclosure

House I am renting gone into foreclosure and was sold at public auction on 2nd June. Old owner wants rent for June as they are saying they are still the legal owners until paper title is transferred. Is this the case?

Asked on June 10, 2009 under Real Estate Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Technically you are still liable to the legal owner.  As a practical matter, they probably won't be able to evict you (in Flroida an eviction proceeding will take roughly the same time that it will take for title to transfer).  However, for example, even if title transfers today you would still owe them for 6/1 - 6/10; they could then take you to small claims for the amount that you would owe.

At this point, to save yourself a hassle, why don't you try and see if they will be willing to use your security deposit towards June's rent.  By July title should have passed and your landlord will have no other legal recourse against you.

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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