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Tenants in foreclosed condo. Seeking reimbursement of last month rent

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4AI

Junior Member
What is the name of your state (only U.S. law)?

FL, Miami Beach

My family and I are tenants in good standing, of a recently foreclosed condo.
We are seeking reimbursement of our security deposit and last month rent.
Association has been receiving our rent during foreclosure proceedings.
Bank is in the process of title transfer and will not reimburse.
Owner has disappeared.
Association is demanding additional rent or eviction.
Who is legally obligated to honor the lease, and return sec deposit and last month rent?
Why are we being threatened with eviction if additional rent is not paid May 1st?
Lease expires June 15, we were given the option to move early and we will, but rent is prepaid until May 31.
If we leave we lose it, and if we stay Association demands more rent or eviction.
Any advice would be greatly appreciated.
Thank you.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?

FL, Miami Beach

My family and I are tenants in good standing, of a recently foreclosed condo.
We are seeking reimbursement of our security deposit and last month rent.
Association has been receiving our rent during foreclosure proceedings.
Bank is in the process of title transfer and will not reimburse.
Owner has disappeared.
Association is demanding additional rent or eviction.
Who is legally obligated to honor the lease, and return sec deposit and last month rent?
Why are we being threatened with eviction if additional rent is not paid May 1st?
Lease expires June 15, we were given the option to move early and we will, but rent is prepaid until May 31.
If we leave we lose it, and if we stay Association demands more rent or eviction.
Any advice would be greatly appreciated.
Thank you.

Why should you get to stay for free?
 

4AI

Junior Member
Why should you get to stay for free?

Last month rent is already paid as per the lease, upon move in.
The lease agreement is being broken by the association by not honoring that.
More than happy to move and seeking reimbursement for those prepaid funds.
 

FarmerJ

Senior Member
If your last months rent is prepaid Id suggest you sue the former owner for it and the deposit , see with foreclosure sad to say deposits and last months rents do not get transferred so maybe you want to use the links above to get advice re if your state has a law that addresses Unjust enrichment then maybe thats the way to sue.
 

OK-LL

Member
What is the name of your state (only U.S. law)?

FL, Miami Beach

My family and I are tenants in good standing, of a recently foreclosed condo.
We are seeking reimbursement of our security deposit and last month rent.
Association has been receiving our rent during foreclosure proceedings.
Bank is in the process of title transfer and will not reimburse.
Owner has disappeared.
Association is demanding additional rent or eviction.
Who is legally obligated to honor the lease, and return sec deposit and last month rent?
Why are we being threatened with eviction if additional rent is not paid May 1st?
Lease expires June 15, we were given the option to move early and we will, but rent is prepaid until May 31.
If we leave we lose it, and if we stay Association demands more rent or eviction.
Any advice would be greatly appreciated.
Thank you.

If you are paying rent to the Association, but they are not the owner of the condo, I suspect you are doing so under a FL law that allows the HOA to collect rents bypassing the deadbeat owner. You'd need to review that law and see what your position is relative to the HOA--to what degree are they a party or obligated by your lease agreement with the owner? Is their standing "in loco landlord"? With them collecting rent, are they obligated to make repairs or maintain the unit?
 

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