[RPPTL LandTen] Client Seeking Refund of Rent

[Sebastian Jaramillo]

I'd be more worried about the likelihood of collecting on any judgment you
may obtain. Given that Landlord is in foreclosure, what is the likelihood
that he's collectible?


*Sebastian Jaramillo, Esq.*

Florida Board Certified in Real Estate Law


66 W. Flagler St Suite 500 Miami, FL 33130
Tel:  (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com

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On Tue, Sep 20, 2016 at 7:04 PM, Joseph S. Hughes, Esq. <
jhughes at joehugheslaw.com> wrote:

> 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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