Legal Question in Landlord & Tenant Law in Florida

i am renting a house that was in foreclousure and was sold at auction. i know that there is a foreclosure act with something about a 90 day notice. the propoerty was sold on 12/18/2012 and i got papers yesterday. when does my 90 days start per the foreclosure act. i am a tenant not yhe homeowner. im paying month to month everyboby says they need more info what other info can i give you


Asked on 1/10/13, 11:39 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

I believe the law you are referring to was a federal statute enacted in 2009 which provided

Obama Signs New Federal Law Protecting Renters after Foreclosure

A new law passed by Congress and signed yesterday by President Obama provides protections for tenants whose landlords fall into foreclosure. Under the Helping Families Save Their Homes Act, tenants have the right to stay in their homes after foreclosure for 90 days or through the term of their lease.

Your lease agreement still applies. This Federal statute expired 12/31/12 unless it was reenacted.

A prior answer in another forum goes into more detail

There is a law that will protect any tenant when the property they are leasing ends up in a foreclosure or bankruptcy.

The Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, �� 701-704 (2009), which became law on May 20, 2009, applies to state eviction proceedings. The act requires that a new owner who took title to residential rental property through foreclosure must honor existing leases until the end of the lease term.

There are three exceptions to this rule: 1) if there is an existing term lease and the new owner wants to occupy the foreclosed property as a personal residence before the end of the lease term, 2) if there is an existing term lease with less than 90 days to the end of the lease term, or 3) if the existing lease on the foreclosed property is a month-to-month tenancy or a tenancy at will. In each of these cases, the owner must provide the tenant at least 90 days notice to terminate the tenancy.

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Answered on 1/10/13, 12:02 pm


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