Foreclosure in North Port>Question Details

Tay, Other/Just Looking in North Port, FL

If you have no written lease and your landlord hasn't paid the mortgage for almost a year do you still have to pay rent?

Asked by Tay, North Port, FL Mon Jan 18, 2010

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15
Voices Member’s answer
I'll go call a Spammer a Spammer which is Spam. You and Mack can flag me for Spam and I'll give you each a TU for flagging Spam...Tu's are worth 4 points so we should then all be even....Wait a minute then Trulia removes my Spam of calling a Spammer a Spammer and I lose points?

Never mind, here's a TU for both of you and let's call it even.....
1 vote Thank Flag Link Wed Jan 20, 2010
Dunes we need to take away 4 points
1 vote Thank Flag Link Wed Jan 20, 2010
Nope, that's not it, Dunes, that's Washington State law, and I didn't see anything there to indicate that Tay could skip out on the rent.
1 vote Thank Flag Link Wed Jan 20, 2010
See the Florida Landlord and Tenant Laws


http://www.800helpfla.com/landlord_text.html


Tammy Hayes, Realtor, Sandals Realty, Punta Gorda, FL tammyhayesre@gmail.com
0 votes Thank Flag Link Mon Oct 18, 2010
I'm sensing some optimism coming on!

Dunes, I don't think Tay found any such law. I'm told that in Florida, it is legal to feed a non-indigent squatter to an alligator - provided, of course, that the squatter is free-range, antibiotic-free, and that the alligator is covered by a qualified dental plan.
0 votes Thank Flag Link Wed Jan 20, 2010
You be right Mack I was only referring to the 60 day thing Tay mentioned and not the Rent...Getting the wrong state, I take the fifth..or maybe drank it or....;)
0 votes Thank Flag Link Wed Jan 20, 2010
You may want to look at this link from Klien Law a Florida based law firm.

http://www.kleinfirm.com/homepage-content/home/a-florida-ten…

It says that if you don't pay you can't stay!
0 votes Thank Flag Link Wed Jan 20, 2010
And, Tay, would you care to cite that law for us? You know, share the fruits of all that research you did with the commoners?
0 votes Thank Flag Link Wed Jan 20, 2010
I am not an attorney, and the following is not legal advice.

So you ask a question because you don't know, yet you come back on here and pretend to know everything? If you are going to play that game, don't post the question. Last time I checked, this was a real estate website, not a legal advice website. Realtors know about real estate sales, not the legal issues. We aren't licensed to practice law.

In your own answer, you mention, "there is a law that says if you are renting a house you have a mortgage on you have to pay the mortgage and if you don't you can not continue to collect rent!!!"

That may be the case, but that doesn't address your question of whether you still have to pay rent. I think every judge in this country would say that you have a contract, even if not in writing, and you are obligated to pay rent as per the contract. (The court will use your month to month contract and previous months payments to establish that you were acting out a contract.) Perhaps the law you supposedly found was intending for the bank to receive the rent money. If you want to find out who to pay for your contract, perhaps you need to visit an attorney.

By the way, show a little respect for the people who are giving their time to try an assist you, and be careful about who you ask for legal advice.
0 votes Thank Flag Link Wed Jan 20, 2010
Actually as realtors none of you know what you are talking about as I have been doing my research and there is a law that says if you are renting a house you have a mortgage on you have to pay the mortgage and if you don't you can not continue to collect rent!!! Also, if there is a foreclosure I would have 60 days to move not immediately!! You ppl need to do your research before you give answers!!!! I did!!!!
0 votes Thank Flag Link Wed Jan 20, 2010
It does not make a difference if the land lord is paying mortgage payments or not you have agreement with the landlord not the bank. However, if you do not have a lease, then typically you have a month to month lease which means either you or the landlord can give the other 30 days notice to terminate the lease.

I would take action to terminate the lease and move out before the sherif starts the eviction process and your credit potentially gets hurt beause of the eviction.


Keith Manson
First Weber Group
Certifed Distressed Property Expert
Metro Milwaukee

http://milwaukeebailout.com
0 votes Thank Flag Link Tue Jan 19, 2010
Move and you won't have a surprise knock on the door telling you to get out ........
0 votes Thank Flag Link Tue Jan 19, 2010
Tay you don't pay you can't stay. The property owner has enough problems don't make them do an eviction also.
Web Reference: http://www.Find1Home.com
0 votes Thank Flag Link Tue Jan 19, 2010
As a Realtor I am not allowed to give legal advice. You should consult with an attorney to research your legal options but I would certainly want to know if the home is listed for sale and if a foreclosure date has been assigned by the homeowner's lender. The lender will ask you to vacate upon foreclosure.
0 votes Thank Flag Link Mon Jan 18, 2010
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