I'm renting a house that has been in foreclosure since 2008. Do I have any legal options to sue for rent paid?

Question

I signed a lease with option to buy in October 2007 in Florida. The housing market fell apart in 2007-2008 and the purchase price of this house was now $75,000 more than it would appraise for. The lease expired in 2008 and I continued to pay rent(without a lease), hoping the market would turn around so I could buy it. I starting getting foreclosure paperwork late 2009. I searched my county's court records and found out that the house has been in foreclosure since March 2008 and is in the final stages of foreclosure. I know that as long as his name is on the title, then I owe rent and I have paid the rent. I also know that I have no hopes of ever getting my deposit back(from the original 2007 lease) because he doesn't have the money. I'm planning on suing him for the deposit. Do I have any legal recourse for getting any of my rent returned? I have done my part in paying rent, doesn't the owner have a legal responsibility to  keep up with his payments? He has lied to me about the foreclosure since the first notice I received, telling me he has a loan modification in the works and there was nothing to worry about. According to his bank and the courts, it's too late for that.

Genuine Guidance · Accepted Answer

So, according to you, you should have been able to live there for free since 2007? Are you serious? Of course you are not going to get your rent back OR your deposit. Better read that lease option you signed. When you cannot perform or choose not to perform on the option, you lose your deposit, rent credit etc. 

You don't get to live somewhere free. 

If you want, talk to a real estate attorney since this is more convuluted due to the lease option, but I bet he will tell you, you are out of luck due to the fact you didn't exercise the option when it became due.

? · Answer

2

jazz · Answer

Sorry to hear of your situation.  There are many in the same boat.  First of all do you have an agreement through a third party (Management Agency)?  If not, then your in line with all the other creditors (ex. 1st Loan, 2nd Loan, 3rd. Loan, Line of Credit, maybe even credit card companies).  How judgment works if this person filles bankruptcy (Chapter 7 or Chapter 13) and if the judge believes that he's able to repay apart of what's owed.  Everyone would need to get in line and the first one who gets apart of the judgment would be the one that is owed the most and goes down the line.  I would think whats owed to you, wouldn't be comparable to those who have lost $100K or more.  My guess would be that you could file in small claims court and see if you'll get a judgment against him but it would be up to you to pursue the $$$.

bad girl · Answer

You paid rent to live in the house there is no way you can sue for a refund of the rent. As for the deposit do what most tenants do, don't pay the last months rent.

? · Answer

Rent-To-Own Home : http://RentToOwnHome.uzaev.com/?pZom

Trending News

I'm renting a house that has been in foreclosure since 2008. Do I have any legal options to sue for rent paid?

5 Answers