Question
Does the Tenant still have to pay rent even if the home is going under foreclosure?
My parents (which I disagreed with the whole thing from the start) decided to purchase property in Jacksonville, FL (the property's location) to rent out. They made this decision, thinking that it would help them with the their household expenses in Fort Lauderdale, FL (where they live). Well, it kind of came as a kick in the rear. The economy made a turn for the worst; my father lost his job, my moms hours slowed down drastically, and now my brother is entering his first year of college. Financially they are unable to keep up with 2 mortgages. The tenant that occupies the property in Jacksonville, pays but not on time nor does she pay the full amount of the rent. She currently owes my parent over $300 in late fees and this months rent. Unfortunately, the house is now going under the foreclosure process. My parents are trying to save the home by filing to do a modification. But that’s neither here nor there. The bank itself assured my parents that the foreclosure process is not finalized because they are still attempting to save the home. This morning the tenant called stating that she isn’t going to pay the monies owed because a appraiser came to home and told her that the home is going into foreclosure and that he would be able to find her another home for less rent in the same area. He also stated to her that she isn’t obligated to continue paying my parents. My parents are creeping up in age. And with my father’s recent stroke he defiantly doesn’t need any more aggravation. They are to the point if the modification doesn’t go through, they were talking about evicting the tenant that way she has a notice to leave the premises and find somewhere else to live and let the foreclosure complete. Any suggestions, on what to do?
1 month ago - 8 answers
Best Answer
Chosen by Asker
The foreclosure mean nothing. You parents have the legal right to collect rent as long as they still own the property. She is obligated, by law, to continue to pay or face eviction. Florida is a very landlord friendly state. Your parents can have her thrown out in as little as two weeks after the eviction papers are filed.
by reenzz
1 month ago
Asker's Rating: 
Other Answers
Hopefully your parents have a written lease with this tenant. The short answer is that as long as the tenant occupies the space, she must pay rent to the owner. If the house is lost to foreclosure, she would pay her rent to the new bank/owner. If she is not paying her rent, your parents need to get a real estate attorney to start eviction on her. They should start by sending her a certified letter advising her that her rent and late fees are overdue and they will begin eviction proceedings within 5 days if they don't get the cash from her. The foreclosure is not any of the tenant's business. Her job is to pay her rent or leave. If your parents don't have a lease, or are month to month, the easiest way to get the tenant out is just give her 30 days notice to quit.
by Lauren F- 1 month ago
The lady needs to move.
by Susanne- 1 month ago
Legally speaking, the tenant must pay rent regardless of whats going on with the foreclosure process. The tenant is occupying property that does not belong to her and she has to pay rent to the current owner as long as she chooses to stay. Your parents have the right to sue her for all outstanding debts and/or evict her for failure to pay. If you chose to evict her, be sure to go through the proper legal process because an improper eviction could end up with YOU being sued by the tenant who's legal rights were violated. Practically speaking, there's an urban myth that says once a home is in foreclosure the tenants don't have to pay. Its true that sometimes tenants fall through the cracks and get a few months of free rent and nobody sues them for it, but that doesn't make it legal. Your parents have to decide whether or not its worth suing based on how much is owed, and how much they're likely to collect if they do sue. But, keep in mind that the threat of a lawsuit coming from an attorney on your behalf can sometimes be all it takes to pry open a tenant's wallet.
by SmartA$$- 1 month ago
Yes, his contract (lease) spells out the rules. If they don't have a lawyer, they might look into getting one to help them with this mess, but all things being equal, they should threaten him will immediate eviction and begin the the process. If you don't have the stomach to be a landlord (which means both carrying a big stick and using it every time the tenant cheats you), you should not be a landlord.
by MVD34- 1 month ago
"freedom of speech" is a ......... The appraiser is 100% wrong. go immediately to the tenant's door and post [depending on Fl rule] 3-5 [one or the other] PAY OR QUIT. Your copy of the 3-5 day "pay or quit" notice you delivered to the tenants. Sent certified. when you get to court, which is a DETAIN ER action, you need to show the amount of rent, and proof that you have a tenant who has not paid. IF the tenant chooses to show up at the court hearing, the judge will listen to the tenant explain why they have not paid, and if they have extenuating circumstances. if no special agreement is arrived at between the court and the tenant [only if they show up at court] you get a judgment. [rent due and costs] at this time, the tenants have 10 days to exit; not more time to pay late rent. If in 10 the tenant has NOT left, you must return to court and seek a WRIT OF RESTITUTION. You take that writ to the sheriff's office, pay the sheriff a SERVICE fee and wait 1-5 days for that service. When the sheriff arrives, you must have a locksmith so that you can have the lock changed. the sheriff will knock on the door and if no answer, the sheriff will take your key and open the door. if no tenant; you must remove all the belongings and store them safely for 30 days. [after 30 days, the belongings are yours] then, the unit is yours to re-lease. if the tenant[s] is still there, the sheriff will give them about 30 min to exit with all their belongings. the sheriff will stay there till they leave--or he might leave and return........ problem solved. serve the notice today!!
by kemperk- 1 month ago
If the person owes money they need to pay! If they were there for the 30 days and owe the rent for that time frame they must pay!!! Now if I knew a house was in foreclosure I would get out ASAP cause there is so much bs to go along with the process. A lot of my friends have had problems with renting and foreclosure and it is just a mess. Good luck with your parents and im sorry your family is having problems like alot others. God Bless and remember your not the only one and it could always be worse even when it feels as bad as it gets. :-)
by annanicolesmithfan1- 1 month ago
I agree with the above post on the 3/5 day notice. Do it right away and followup with the court action as soon as allowed by law. If they pay up in full then you can drop the court action, after they have paid the fees for that too. You have to move quick and also start looking for new tenants. Hopefully you have last and security from the current tenants. Remember, if they leave the place clean you will have to return the balance of the security. You may also have a good cause of action for a counter claim against the mortgage holder. If the apraser was working for the lender and the appraser did tell her that "he would be able to find her another home for less rent in the same area" and "He also stated to her that she isn’t obligated to continue paying my parents." then that is tortuous interference with your contract and relationship with the tenant. If the lender has intervened between you and your tenants and encouraged them not to make payments, you may have a very good Affirmative Defense and counter claim. The problem is proving what was said. You must file a timely reply to the foreclosure action and I highly recommend finding a lawyer who is a specialist at defending mortgage foreclosure.
by James M- 3 weeks ago