Contract based upon false information -- Florida laws

[smother1]

My son and his wife entered into a rent with option to buy lease last year with a $5000 down payment. After they were in the house for about 5-6 months, they got a notice from the back that the house was being foreclosed on. Seems as tho the owner had gone for a very long time without making payments. They wanted their money back of course, but he would not give it to them. They have lived there since, and have not paid rent to try and recoup their losses, in the meantime wife lost her job, and he is going into hospital for total hip replacement, My question is their lease was up last month, and I would like to know their rights as far as can he just come and evict them and if so how much of a notice does he have to give.
He also failed to tell them the house had been flooded which they found out when some of the baseboards came off. Other things like saying appliances were only a few years old and the a/c, to find out they were original and half of them didn't work.
He was suppose to have pool maintance and yard work included in their rent which never happened, they had to pay for it. So it's been a long list of misrepresentations on his part.
I just want to know what their rights are as of now and if he tries to evict them, how long will they have.

thank you
concerned mom

[AFFA]

I wish to inform you that in Florida your son has an option to cancel contract if the contract is based upon false information. A contract based upon false misrepresentation is voidable at the option of the person so misrepresented. In this regard your son should cancel the contract when he had come to know about false information. However, when your son has been constantly using house after knowing about all the misrepresentation then it may be deemed that he has consented to all the misrepresentation. In case not much time has elapsed after knowledge of misrepresentation then your son may terminate the contract as contract is based upon wrong information.

AFF

They couldn't get their rent back since they received proper compensation for that. They paid to stay in the unit and they did live there for that time. Proper rent was due. The owner's payment history with the bank is not relevant. That is his credit problem, not theirs.

Yes, they can cancel the contract. But since they have not made a payment in months, they have already terminated it and are now in violation of it. They can be evicted fairly quickly. The owner can do this as long as the foreclosure case has not completed (and even afterward in some states, since owners in certain states have the option to regain possession of the house for several months after a foreclosure thanks to new anti-foreclosure laws.) The owner can give them a 3 day pay or quit notice to become current on payments. If they fail to pay or leave, an eviction is filed. They shouldn't wait for this, since it becomes part of their court record as soon as it is filed and all future LLs will see it. The hearing will be approximately 3 weeks later. Non-payment cases are over very quickly since there really is no good reason to stop paying rent as long as the tenant lives in the unit.

They should give notice to vacate now, and move as soon as possible.