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I currently rent an apartment in Florida which was purchased by a private owner 2 years ago. I renewed my lease in April 2008. Last night, I received a court summons stating that the owner of the unit hasn't been making his payments to the bank since July 2008 so the unit has gone into foreclosure. Do I have any legal case to recover the thousands of dollars I have sent to him since April considering he has breached the contract to provide us with this unit for 12 months? Should I continue to send in my rent to this person? He's just stealing my money

Submitted: 310 days and 15 hours ago.
Category: Real Estate Law
Value: $20
Status: AWAITING CUSTOMER ACTION
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Optional Information

Riverview, Florida

Already Tried:
Nothing. Just got served the court summons last night

Answer

The contract between you and the landlord is independant of the contract between the landlord and his bank.

 

You contracted with him for space. He provided the space. He had NO legal obligation to use your rent to make his mortgage payments. When you have to move, you can stop paying the rent. You were not defrauded. You got the space you paid for.

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Expert: FLACORPLAWYER
Pos. Feedback: 99.2 %
Accepts: 
Answered: 1/16/2009

Lawyer

23 years as attorney NY and FL Bars.

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