Paula,
If you have a written lease, the direction on how the lease is typically handled after the original lease term is addressed. If you are under month-to-month status, you do need to keep making your lease payment. If you had an agent who helped get your lease negotiated, contact them and see if there is a phone number (which should also be on your lease documents) for the owner. Follow up any attempted call with an attempted email. You cannot forestall a foreclosure if the owner is not making the payments. There is usually mail sent by the lender to the physical address of the home if a house is falling ito foreclosure. You may even get a knock on the door by a representative of the lender - checking to see if the house is occupied or abandoned. These are not easy times, and it is important that tenants check out landlords just as closely as landlords usually check out tenants.

Have a blessed day! Hope I've helped you.
Ronda


Ronda Allen - Realtor, Life Coach, and Certified Purchasing Manager
RE/MAX Dallas Suburbs

PS ~ I work with many families for leasing a home if I can offer assistance please contact my office.

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You are governed by the terms of lease agreement. Whether lease expired or not. Foreclosure notice you most likely would have seen something in mail address to any party residing on property. If you don't feel comfortable provide move out notice based on terms of lease agreement

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Lynn911

In Texas (I don't know about Florida) your lease provides what will happen upon the expiration. It may terminate completely or it may revert to a monthly tenancy. Generally, the monthly tenancy is what automatically occurs. [you'll have to read it to see]

If it goes to monthly tenancy, then your lease is extended either in 30-day increments or by month-ends, meaning you can give notice you're moving out and terminate your tenancy either 30 days after the notice or at the next following end of month. Similarly, the landlord can give you notice to move out either 30 days later or at the next month-end, whichever the lease calls for. Without any indication in the lease it defaults to 30 days, not the end of the month.

So, yes you are obligated to continue to pay rent (probably) until you give notice or the landlord gives you notice, and then your tenancy will end 30 days later or at month-end. Since we're already near the end of August, you may owe penalties if you haven't paid your rent. Even if the landlord is not paying his bank, your obligation to pay rent is not voided.

As to finding out if foreclosure is scheduled, you can visit the courthouse and see if a Notice of Default or a Notice of Trustee Sale has been filed on the property. The Default just means it might be foreclosed on. The Sale means it is scheduled for auction on the first Tuesday of the month. The Texas process of foreclosure usually takes less than 60 days from start to finish, but the bank can try to work something out with the borrower for several months before beginning the process.

If the property is foreclosed, then you will receive notice after the trustee sells it. Generally, the bank gives you some time to move out after that. Eventually, the bank will forcibly evict you if you don't leave of your own accord.

As always when your legal rights and responsibilities are in question, you should consult an attorney for the best answer.

He is correct about your obligation to pay rent, however if you feel like something shady is going on you should probably start looking for a new place. If you would like a list of rentals in your area just email me at rj.avery@att.net

Thanks
RJ
214-682-0598

Paula,

Your responsibilities should continue as they normally would. You will be entitled to remain in the home until notified otherwise.

If the property in in foreclosure, the property still belongs to the owner until the foreclosure is finalized...until then your rent should be paid to the owner.

Since clarity is important, it is our recommendation to continue to try to make contact with your landlord as well as explore other housing options in the event this does not work out.

Good luck