Legal Question in Landlord & Tenant Law in Florida
In the state of Florida is a bank allowed to evict a tenant from a foreclosed house that they have a mortgage, within 4 days of notification to said tenant.
3 Answers from Attorneys
Hi. On May 20, 2009, President Obama signed the "Protecting Tenants at Foreclosure Act of 2009. This Act provides most tenants with rights that they did not have before this act. Generally, tenants have the right to at least a 90 day notice prior to being required to vacate the premises. Please review the Act as there are certain exceptions and other details that you should make yourself aware of.
Unless the new owner wants to live in the premises, the tenant should be able to stay until his lease expires.
No. There is a new law that protects tenants and provides that you should be given 90 days notice if you're under a valid lease, so if they try to force you out sooner, then you can go after the landlord (or new owner) for damages. But, you were still required to pay rent even though the property was in foreclosure. They can give you a 3-day notice, and then go through formal eviction proceedings for failure to pay rent if you do not leave. If you need more formal legal advice regarding your circumstances, please contact an attorney or a legal aid clinic for a consultation. Regards,