When you are renting a property and your landlord becomes delinquent with HOA fees in Florida, you might be worried that the HOA will foreclose on the property you are living in. This is a real and frightening possibility. However, it does not mean that you are entitled to stop paying your rent. As long as you signed a lease agreement, you must abide by the lease and make your monthly rental payments to the property owner. Even if the HOA initiates foreclosure against the property owner, you are still bound by the contract you signed and you must pay rent.
The property owner, even when delinquent in HOA fees, is still the legal owner of the property you are renting. Therefore, you must continue to make rental payments, otherwise you can be evicted from the home. You will be legally protected. If you have a lease, you will be allowed to finish out the duration of your lease in the property. Your rental payments will be made to the HOA once the foreclosure is finalized, but not before then. If you are living in a unit or a home with only a month to month lease, you are legally able to stay in the home for 90 days after a foreclosure.
Tenants’ rights during a foreclosure are protected under the Protecting Tenants at Foreclosure Act. You will not be thrown out of the property when foreclosure occurs, as long as you continue to make rent payments. Remember to make your rental payments to the property owner, even if he or she is delinquent in HOA fees. That person is still the property owner until a foreclosure is finalized. Stephen K. Hachey, a Florida real estate attorney, can help you navigate this seemingly complicated process and make sure that you are represented properly. Contact our offices at 813-549-0096.
This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at www.floridarealestatelawyer.org/