tenant breaking lease due to mistake by mortgage company : ezLandlordForms

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tenant breaking lease due to mistake by mortgage company

Stacey C

started a topic almost 16 years ago

My mortgage company dropped the ball on a Loan modification we were working on. The tenants actually received a 20 day notice on a foreclosure which I have been told by the mortgage company was their fault & that "they are not going to foreclose" these tenants have been "less than nice" for the last few months & have stated that now even though I can prove to them I will not be getting foreclosed on that they are moving in 2 months & will not pay rent any longer. They say I am breaking the lease, but as far as I have read they are the ones breaking the lease by not paying. Who actually has the right here? (We are in Florida)

1 Comment

Denise S

said almost 16 years ago

I would think whether or not you are foreclosed on has no bearing on the tenants paying their rent. They are still obligated under the lease. If, the home goes to foreclosure and becomes bank-owned, I would think that the tenants would then be responsible to pay their rent ot the bank.