What are my rights if my apartment complex is in foreclosure?
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What are my rights if my apartment complex is in foreclosure?
The complex claims they are not in foreclosure but I have a copy of the lis pendens filed by the bank. I would like to know since I’m under an active lease is there something I can file with the courts so that I can stop my rent payment. I want to move out before we are forced out but I need my rent payments to do so.
Asked on February 9, 2012 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Once the foreclosure process is *complete*, you will not have to pay the current landlord--that's because at that point, it will no longer own the building, no longer be able to provide possession, and therefore no longer be your landlord.
However, until the property is fully foreclosed upon, your landlord is still your landlord and you are still subject to your lease. A notice of lis pendens merely means that litigation which affects rights in the property has commenced--that is, it does not mean that the foreclosure has happened yet, merely that an action has been filed. You therefore would appear to still have to pay rent to your landlord as per your lease.
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