Landlord/Tenant & Evictions Real Estate/Lending

Foreclosure- Not a Defense for FL Tenant to Withold Rent

Foreclosure- Not a Defense for FL Tenant to Withold Rent
Foreclosure- Not a Defense for FL Tenant to Withold Rent

As a Florida 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 Withhold Rent  As a Florida 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 Florida Tenant and Landlord entered into a Lease Agreement wherein the Tenant is to pay a certain amount of rent per month for the use, enjoyment, 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.

Florida Law

The pending foreclosure action does not render the leased premises uninhabitable or untenantable.  During the foreclosure proceedings, as long as the Tenant is not forced out of the property but retains the use and possession of the premises, the Tenant’s obligation to pay the Landlord remains in place. The Florida Tenant’s right to pay rent are not excused by the foreclosure proceedings up and until the Bank or a third party retains a Writ of Possession and gives proper notice to the Florida Tenant pursuant to Florida Statutes.
In conclusion, the Tenant has an affirmative duty to pay the monthly rental payment during the pendency of foreclosure proceedings.  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 West Palm Beach Foreclosure Defense Attorneys and West Palm Beach Eviction Attorneys are here to help.  Call us today at 561.699.0399 to learn more.  We are located in Lantana, Florida.  We serve South Florida.
Boynton_Beach_FL_Foreclosure_Defense_Attorneys
Delray_Beach_FL_Foreclosure_Defense_Attorneys
Licensed to practice law in the State of Florida since 2008, Ryan S. Shipp, Esquire is the founder and principal attorney at Law Office of Ryan S. Shipp, PLLC, which is located in Palm Beach County, Florida. Mr. Shipp and his team of associate attorneys and support staff focus their practice in the areas of real estate and business law.

Related Posts

Wellington Eviction Lawyers

Eviction Cost Florida | 561.699.0399

Eviction Cost Florida. ***Don’t be fooled by advertisements for $195.00 Florida Evictions. It doesn’t exist!*** Are you a Florida Landlord, Property Manager, Bank, Lender, Investor, or Property Owner and…

Notice of Non-Renewal Florida

Notice Of Non-Renewal And Hold-Over Tenants In Florida

Issuing a Notice of Non-Renewal: A Vital Procedure for Landlords  Timely Issuance Landlords are required to issue the notice well in advance of the lease term expiration. The…

Florida Unlawful Detainer

Unlawful Detainer: Resolving Property Occupancy Disputes in Florida

In the realm of property disputes in Florida, an Unlawful Detainer lawsuit serves as a legal recourse for property owners seeking the removal of an unauthorized occupant.  This…

Landlord Tenant Evictions Palm Beach County | Eviction Attorneys

Understanding Florida’s Residential Eviction Statute | 561.699.0399

Are you a Florida residential landlord? It’s essential to know about Chapter 83, Part II of the Florida Statutes, which outlines the rights and responsibilities of landlords and…

Unlawful Detainer

Guest Won’t Leave House Florida | 561.699.0399

GUEST WON’T LEAVE HOUSE FLORIDA Do you have a guest that refuses to leave your Florida home? Problems with guests over staying their welcome are coming up now…

Ryan S. Shipp Esq.

Ryan Shipp, Esquire: The Tenacious Landlord Attorney Who Gets The Job Done

When it comes to landlord-tenant disputes in Florida, there’s one attorney who stands out from the rest: Ryan Shipp, Esquire. Known for his fierce determination, extensive legal knowledge…

Facebook Iconfacebook like buttonSubscribe on YouTubeTwitter Icontwitter follow buttonVisit Our Lead Counsel Page
Call Now Button**CLICK HERE** LET US CALL YOU