As a Tenant, you have many legal and valid defenses for non-payment of rent including, but not limited to, a proper Seven (7) Day Notice for maintenance issues, and overpayment/credit of rent. If you gain knowledge that your Landlord is in the middle of a foreclosure action on the leased property, does that give you, the Tenant, the right to not pay your monthly rent?
The quick answer is NO. Foreclosure- Not a Defense for FL Tenant to Withold Rent As a Tenant, you are legally obligated to pay your monthly rental payment up and until excused by Florida Statutes and/or the Lease Agreement. At the onset of the Lease, the Tenant and Landlord entered into a Lease Agreement wherein the Tenant is to pay a certain amount per month for the use and possession of the property owned by the Landlord. If the Tenant fails to make those monthly payments, the Tenant will be in default and held liable.
The pending foreclosure action does not render the leased premises uninhabitable or untenantable. During the foreclosure proceedings, the Tenant was not forced out of the property but retained the use and possession of the premises. The Tenant’s obligation to pay the Landlord has not been excused by the foreclosure proceedings up and until the Bank or a third party retains a Writ of Possession after giving proper notice pursuant to Florida Statutes.
In conclusion, the Tenant has an affirmative duty to pay the monthly rental payment during the pendency of a foreclosure proceeding. The Tenant’s rights are not compromised by the filing of a foreclosure proceeding as the Tenant continues to use and enjoy the property. The Law Office of Ryan S. Shipp, PLLC and its dedicated team of FL foreclosure defense attorneys and FL landlord-tenant attorneys are here to help. Call us today at (561) 699-0399 to set up your free 20-minute consultation. We are located in Lantana, Florida. We serve South Florida.