[RPPTL LandTen] Client Seeking Refund of Rent

[Joseph S. Hughes, Esq.]

My client signed an agreement for one year as a tenant for the rental of
a residential property. Unbeknownst to my client, the property went into
foreclosure and was sold. However, the landlord continued collecting
rent for two months after title to the property had transferred. The new
owner (the bank) did not advise my client of the transfer of ownership
nor charge rent during this period. 

Is is worth my client suing to get the rent money back for the final two
months? My concern is that there are arguably no damages since my client
continued to reside at the property without interruption. Also, although
the lease was effectively terminated at the time of the transfer of
title, because an express contract existed at the onset of the tenancy,
an unjust enrichment claim would fail.  

-- 

Joseph S. Hughes, Esq.
The Law Office of Joseph Hughes P.A.
515 E. Las Olas Blvd. Ste 120
Fort Lauderdale, FL 33301
Cell: (413) 687-2093
Office: (954)256-5125
Fax: (954) 256-5126
http://www.joehugheslaw.com

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