Legal Question in Real Estate Law in Florida

The Florida property I'm renting has fallen into pre-foreclosure-- the auction date is about 60 days away. My landlord has stopped collecting rent, but keeps me as tenant in hopes of a successful short-sale. The yearly lease ended this month, but she refuses to even answer my calls. With all the liens owned on the property, the bank will almost certainly win the auction bid and become my new 'landlord'. My question is this: without a bona-fide lease, and without having paid rent can the new owner evict me in less than 90 days, as proposed by the 2009 Tenant Protection Act? I'am aware that I would have to pay rent to the new owner (even though, apparently, they won't be paying ultilities), but I also know a bank isn't interested in renting, and will evict immediately. I have children, and an elderly mother who also reside on the property; would a judge take that into consideration if applying for more time? Any legal advice would be very welcome.


Asked on 8/22/10, 8:05 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

If the property is purchased by the bank, then you will have a min. of 90 days after the sale of the property to move. You will have to pay rent to the bank in the mean time (after the foreclosure sale). The court adheres strickly to statute, unfortunately it is unlikely the court will consider who is living with you in a request for additional time.

Read more
Answered on 8/28/10, 3:47 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida