Kelly,

I wrote several articles about this when it was happening to an entire community. Over 35 homes were being foreclosed on all owned by the same landlord. He fled the country so the tenants didn't have to pay however, had he not they would still be obligated to pay him rent. If your landlord has not taken off and is still asking for his rent than you are obligated to pay it. If not you could get a three day eviction notice.

Good Luck!

Erica Muller

Quite simply, your contract is with your landlord, not with his bank. For information on how you might proceed so that you are assured of a place to live in the event of foreclosure, I would suggest you contact a real estate attorney to find out what your rights and responsibilities are, but your lease agreement is separate and apart from the lis pendens and possible impending foreclosure. And being placed in lis pendens is only the first step toward foreclosure. The landlord could pay the lien that caused the lis pendens filing, and remove the lis pendens, without ever really considering going all the way to foreclosure. The landlord has the option of suing for "non performance of contract" or having you evicted, etc., if you simply stop paying rent.

Antonio is correct. Your obligation to pay rent has nothing to do with whatever he is or is not doing with his own house. If you feel he's mislead you in some way, you may (or may not) have a separate action against him. You might also ask him for a better rate if it looks like you'll be kicked out before the end of your agreed lease term. However, chances are, these things take so long that you may even be able to stay until the end of your term. Either way, if you don't pay rent, you're breaking your contact and can be held accountable.

Kelly Jo,

Historically, when a property owner is given proper notice according to state law that they have gone into foreclosure, the tenant is supposed to be paying their rent to the lender/bank who holds the note. Assuming that you were provided notice via mail or posting on your door served from the local constable/sherriff's department it should have contact info on there notfiying you where to send payment. I have seen this consistently whether the tenant is a cash paying tenant or one that gives subsidized rental payments through section 8 . Although the landlord has ownership of the property,he does not have possession, the tenant has possession and as such you should be protected by certain landlord/tenant law rights in your state. You may want to contact legal aid/real estate attorney to find out the specifics. I have seen lenders work things out with tenants when they know they are in the property and paying, even when the property becomes bank owned.

Kelly,

With this information in hand contact a Real Estate Attorney for legal atvice, they should give you a few moments without charging.

Broker Dave
GRI / e-PRO / GREEN designations

I suggest you contact an attorney to discuss your options, but I feel confident he will say your obligation is to pay the landlord.

What he says and what you do may be 2 different things.
First; let me say it is highly unlikely that you will be asked to move any time soon if the landlord just recieved the first notice.
Foreclosures in Florida are beginning to average about 8+ months to complete depending on the actions taken by the landlord.

The decision is up to you, but you are legally obligated to pay the rent, just as he is obligated to keep the home repaired and out of foreclosure. What type of communication have you had with the landlord? This is a major factor in what I would suggest on a professional level for any of my clients, so without knowing that I reserve the right to respond.............

If you want to discuss it in detail about the entire situation, feel free to give me a call. There are several professionals on this board who are qualified & experienced enough to more than likely give you sound advice.
Brady Pevehouse

Kelly:

It is my understanding from past experience that since you signed a lease with the landord, you are bound to make your payments or he could take you to court for breach of contract. What ever he is doing in his financial life is independent from your lease. However, that's just my opinion....you should consult with a lawyer, show them your lease documents.

Tony.Vega@ColdwellBanker.com