Foreclosure on Rental in FL - Renter's Rights?

[SweetPea23]

We moved into our place at the end of April. We received notice last week that our landlord has lapsed payment and it is now in foreclosure. The papers say he has lapsed on payment since January; our lease was not developed or signed until April...well after he started not making payments. He also hasn't paid this year's taxes on the property (along with a few others) and has not paid the condo association fees. Our lease is up at the end of March 2009. However, I have been doing some research in regards to Florida Statutes and believe that he violated Florida Statute 83.45, unconscionable rental agreement, due to the fact that the lease was put together well after he started lapsing on payments. He also violated Statute 83.49, deposit money or advance rent; duty of landlord and tenant, as we never received notice of where our money is deposited and how much interest is being generated. I've spoken to him once since we were served the papers and he said they are "working on it" and that he would give us a month's notice to move out. He not only has our $950 security deposit, but also our last month's rent ($1,000) and a pet deposit of $250.

What are our rights? What can we do? Can we terminate our lease? That would be the best scenario. However, we cannot afford attorney's fees right now. I've read a lot of stuff about putting it in writing. Can I just write a letter, or do I need to have an attorney backing me up? I know who the judge is on the case; is there any way I can just talk to him and have him sign a petition or support me on this? Any help would be appreciated.

Also, I am thoroughly disgusted in this situation as we went with a real estate company in order to avoid this problem. And here we are anyways...

 

[acmb05]

We moved into our place at the end of April. We received notice last week that our landlord has lapsed payment and it is now in foreclosure. The papers say he has lapsed on payment since January; our lease was not developed or signed until April...well after he started not making payments. He also hasn't paid this year's taxes on the property (along with a few others) and has not paid the condo association fees. Our lease is up at the end of March 2009. However, I have been doing some research in regards to Florida Statutes and believe that he violated Florida Statute 83.45, unconscionable rental agreement, due to the fact that the lease was put together well after he started lapsing on payments. He also violated Statute 83.49, deposit money or advance rent; duty of landlord and tenant, as we never received notice of where our money is deposited and how much interest is being generated. I've spoken to him once since we were served the papers and he said they are "working on it" and that he would give us a month's notice to move out. He not only has our $950 security deposit, but also our last month's rent ($1,000) and a pet deposit of $250.

What are our rights? What can we do? Can we terminate our lease? That would be the best scenario. However, we cannot afford attorney's fees right now. I've read a lot of stuff about putting it in writing. Can I just write a letter, or do I need to have an attorney backing me up? I know who the judge is on the case; is there any way I can just talk to him and have him sign a petition or support me on this? Any help would be appreciated.

Also, I am thoroughly disgusted in this situation as we went with a real estate company in order to avoid this problem. And here we are anyways...

Unforunately no you cannot break your lease over this. You must continue to pay rent to him until he no longer owns the property. What he does with the money is not your concern.

If it is foreclosed on you will probably have to sue him for your deposit and last months rent.

 

[SweetPea23]

Joy. This whole situation just makes me SO angry. I'm glad I have to waste my time because he doesn't know how to pay his bills. So much for "reliable" real estate companies. I just don't get how you can develop and sign a lease when you KNOW that you are behind in payments, I thought that was the whole point of the unconscionable agreement statute.