What are my obligations in Florida??

[ajkissez]

What is the name of your state? Florida

Hello. Thank you to anyone reading and/or willing to lend some sound advice. In July 2007, my mother, sister, and I moved into a home with first and last at $1500.00/month. The home was a disaster and we had to do some fixing. Either we did it ourselves or we hired professionals to do the job with permission from the owner. The agreement was to be paid back through crediting our rent.

Well, come October 2007, we find out by being officially served that the owner had not paid the morgage since before we moved in, which was April 2007. The documentation stated that foreclosure proceedings were going to take place. Recently (last week), the bank sent over more documentation addressed to us, "the tenant" letting us know that the house is in default. I've called repeatedly, the bank and lawyers of the bank and left messages and no one calls back. The owner is not surprisingly, very unhelpful.

Today, a real estate agent representing the bank, didn't ask but told us that he will be showing the house in an open house this weekend Saturday and Sunday from 2-5 PM.

My family is terrified. We know the owner of the house already is going to keep our last month's rent. We haven't been able to save to move out because he still collects our rent and now refuses to give us receipts and ony accepts cash. Since the house is in default/foreclosure we don't know if we're going to be tossed out into the street.

My questions are:
1. What kind of notice and time do we have to move out? Is it 30 days from this last default notice?
2. What kind of obligation do I have to allow a real estate agent and a bunch of strangers into our home for an open house? Do I have to? Is he allowed to just dictate to me how and when things are going to happen?
3. Is it legal what my landlord did? Can you rent out a home knowing the house will soon be underforclosure?

Any comments, suggestions would be greatly appreciated. WE NEED IMMIDIATE HELP!! The owner, the bank, the real estate agent are all just looking out for themselves and I'm at a loss.

Thank you,
KristinaWhat is the name of your state?

[FlyingRon]

If the landlord complied with Florida law, the deposit money should be in an escrow account or protected by a bond.

Originally Posted by ajkissez

1. What kind of notice and time do we have to move out? Is it 30 days from this last default notice?

The letter you received should give the date of sale (I believe the notice must be sent 20 days in advance, but it will say). Once foreclosed your lease is voided. You can continue to rent at the discretion of the seller, most likely the bank. They'll most likely at the foreclosure tell you whatever notice you have until you are forced out (15 days before the end of the next month based on when you last paid rent).

2. What kind of obligation do I have to allow a real estate agent and a bunch of strangers into our home for an open house? Do I have to? Is he allowed to just dictate to me how and when things are going to happen?

Depends on who this real estate agent is. If she is working for the owner, then yes you must allow this. If she is working for the foreclosing bank, it's premature. You only have to give the "landlord" access for the purpose of exhibiting the unit to prospective purchasers.

3. Is it legal what my landlord did? Can you rent out a home knowing the house will soon be underforclosure?

If they knew that was going to happen, perhaps. It's quite possible that they thought that they could use the rent to pay the mortgage and/or otherwise stave off foreclosure.

[ajkissez]

"Depends on who this real estate agent is. If she is working for the owner, then yes you must allow this. If she is working for the foreclosing bank, it's premature. You only have to give the "landlord" access for the purpose of exhibiting the unit to prospective purchasers."

They are working for the bank. Do they still have the right to show the right to show the home by any Florida law?

You were very thorough with your answers. You're a life saver (or actually, you're a family saver)!! Thanks.

[FlyingRon]

Originally Posted by ajkissez

They are working for the bank. Do they still have the right to show the right to show the home by any Florida law?

If the foreclosure has happened they can.
If the foreclosure has not yet happened, it would depend on whether the existing owner (your landlord) authorized it or not.