Legal Question in Landlord & Tenant Law in Florida

I work with young, single, low income mothers. Recently, we have had several who have moved into a rental property, paid a month's rent and been evicted within the month due to the landlord's foreclosure. If the law states that the renter has 90 days to get out (right?), how should these women handle this situation?


Asked on 4/28/10, 10:01 am

2 Answers from Attorneys

Philip Duvalsaint Philip A. Duvalsaint, PLLC

In the future, make sure the rental agreements have affirmative representations about no current foreclosure proceeding, current on mortgage obligation is not delinquent, owner has current ability to pay the mortgage etc... with some kind of remedy for misrepresentations. A consultation with a real estate attorney should provide you with any additional changes to the rental agreement.

As far as the current situations, they could negotiate with the lenders who have filed foreclosure and pay the rent directly into the registry of the court or to the lender themselves. They should meet with an attorney to discuss the procedures involved so that they aren't throwing their rent money away.

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Answered on 5/03/10, 12:03 pm
Lesly Longa Longa Law P.A.

If the landlord terminated the lease early, then these ladies should get their rent/deposit back as well as damages for moving expenses, etc. Under the Protecting Tenants at Foreclosure Act, the lenders (new owners) have to honor the terms of the lease or provide at least 90 days notice to vacate. If they receive a notice of termination from the new owners, then they should send a response that refers to this law and includes a copy of their lease. You might want to look at the National Low Income Housing Coalition's website for their renters in foreclosure toolkit, or your local court's website for additional information/forms. Before a tenant can be evicted, a landlord must win an eviction lawsuit. Consult with an attorney for further assistance or to represent the ladies at eviction proceedings.

Regards,

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Answered on 5/03/10, 2:06 pm


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