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The landlord of my home has not been paying the mortgage and is going on a shortsale list or possible

foreclosing. I do not deal directly with him, but he pays a realtor to deal with his rental property. They did not inform me that this was happening, and I renewed my lease last month before knowng of the situation. They will not let me end my lease without consequences (losing deposit) and are making me wait until the house sells or forecloses. Is this legal?
 
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Just Looking
in Florida
Sarah, Just Looking in Florida in Florida
Answers (5)
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Vivian Katz,… was FIRST TO ANSWER
Sarah,

I am attaching an article written by a Florida attorney, Cathy Lucrezi, regarding foreclosure and disclosure that you may find interesting. If the page does not open directly to the article, just scroll down to the fourth article.

As mentioned, you may want to consult with an attorney for legal advice.

Fri May 16 2008, 09:07
 
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Hi Sarah. Unfortunately, this kind of stuff happens all too often these days. Yes, you should definitely consult with an attorney. If foreclosure is indeed imminent for your house, the owner can't perform his end of the contract. There's something called "anticipatory breach of contract" and I would hope that a court would rule in your favor in this kind of a situation. Actually, I hope that you'd not even have to go to court. They should just let you out of the contract and give you your deposit back. Good luck to you.

Thu May 15 2008, 20:14
 
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As the others advise, get a lawyer. And you might ask the lawyer to look at the agent's Code of Ethics and the licensing requirements to make sure that the Realtor was in full compliance when, acting on the owner's behalf, he had you renew a lease when he knew (or should have known) that the owner was unable to comply with. I'm not a lawyer, so this isn't legal advice. Just a suggestion for a question to pose to your lawyer.

Good luck.

Thu May 15 2008, 20:04
 
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Sarah,
We agree.....time to consult an attorney.

Good luck,
The "Eckler Team"
Century 21 Almar and Associates
Venice, Fl 34285

Thu May 15 2008, 19:33
 
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FIRST ANSWER
This is just rude on their part! Please call an attorney NOW ~ check the Florida Bar Association website for lawyers specializing in landlord/tenant issues ~ the link ishttp:// www.floridabar.org ~ best of luck, Vivian Katz, CIPS

Thu May 15 2008, 18:28
 
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