If you have lived in Florida since 2007, you are aware of the high amount of Foreclosures. Unfortunately, many of these properties have Tenants. Many Landlords fail to inform them that the property is in Foreclosure. They continue to pay rent unaware that the property has been set for Sale. This can be a nightmare for many Tenants. Title is given to the Successful Bidder ten days after the Sale. Most do not realize that ownership has changed.
83.561 is clear regarding a Florida Tenant’s Rights in a Foreclosed Property:
If a Tenant is in the property after the Sale, the new owner takes it subject to their rights. As a result, they can stay for 30 days after the new purchaser gives them notice. Failure to comply will delay their removal. In addition, the notice must be mailed directly to them or posted on the door. Accordingly, if they fail to leave after 30 days, a Motion for Writ of Possession can be filed. The Motion must include a sworn affidavit. This must state that the notice was sent to the Tenant and they failed to vacate. Courts require the new owner to set the Motion for Hearing. At the hearing, they may give the Tenant additional time to vacate. For example, if the hearing is on July 15, they could agree to give them another two weeks.
Florida Tenant’s Rights Foreclosed Property are important for all Florida Tenants to understand. If you are a Tenant living in a foreclosed property, contact 954 Eviction Attorneys at (954) 323-2529 to learn about your rights.