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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I signed a lease starting last December but the landlord did

Resolved Question:

I signed a lease starting last December but the landlord did not disclose that he is in foreclosure proceedings since July and the final hearing is March 23. He says he will pay but I am not comfortable and would like to break my lease, can I do this legally in Florida
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  Roger replied 7 years ago.

The short answer is no. This is not grounds to cancel your lease. Under the recently passed Tenants At Foreclosure Act, any tenant whose landlord goes into foreclosure has the right to stay for the remainder of the lease (if written) or for 90 days after the foreclosure (if a month to month).



Customer: replied 7 years ago.

Both realtors and him should have disclosed this prior to the signing of the lease I would certainly not have rented this property, is there no way out of my lease?


If I would break the lease will I just lose my security deposit or can I be sued for the balance of the lease?

Expert:  Roger replied 7 years ago.

You can cancel the lease, but if you do so for a reason that is not the fault or breach by the landlord, you could be sued for breaching the agreement.


If you cancel the lease, you would likely lose your security deposit (to be applied for repairs and unpaid rent). You could also be sued for the remaining rent for the months left on your lease. Bear in mind that the landlord has an obligation to find a new tenant ASAP, but until he does find a replacement, you're liable for the rent.

Customer: replied 7 years ago.
Can I sue the realtors and landlord for not disclosing the fact that he is in foreclosure?
Expert:  Roger replied 7 years ago.
You can sue anyone for anything.

However, because of the Tenants At Foreclosure Act, which allows you to stay for the term of your lease, you don't have any damages for their failure to disclose this to you.
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