Legal Question in Real Estate Law in Florida

As set forth by law passed 5/20/2009 titled "Protecting Tenants at Foreclosure Act of 2009", does the 90 day notice to tenants to vacate a month to month rental in foreclosure apply to the owner of the property who has not yet been foreclosed by her bank? In other words, is the owner required to provide her month to month tenant 90 days notice to vacate the property?


Asked on 3/16/10, 11:16 am

3 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

No. For example, if you have a tenant under a lease, you need to follow the default provisions under your lease. The 90 day requirement is between the lender who takes back the property after foreclosure and any existing tenant.

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Answered on 3/21/10, 11:22 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No. The act does not apply to leases where the owner has not been foreclosed.

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Answered on 3/21/10, 11:30 am
Lesly Longa Longa Law P.A.

No. But if you have a valid lease, and your landlord breaks it, you may be entitled to damages. Regards,

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Answered on 3/22/10, 12:51 pm


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