If you have lived in Florida since 2007, you are likely aware of the high amount of Foreclosures.  Unfortunately, many of the properties that are in Foreclosure have Tenants.  Many Landlords fail to inform their Tenants that the property is in Foreclosure. The Tenants continue to pay monthly rent unaware that the property has been set for a Foreclosure Sale. This can be a nightmare for many Tenants. Title to the Property is given to the Successful Bidder ten days after the Sale. Most Tenants do not realize that ownership has changed. The Tenant’s prior lease is no longer valid once title given to the new owner.   Florida Tenant’s Rights Foreclosed Property is outlined in Florida Statute 83.561.

Florida Statute 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 take the property subject to the Tenant’s rights. The Tenant can stay in the property for 30 days after the new purchaser gives them notice. Failure to comply will delay the removal of the tenant. The notice must be mailed directly to the tenant or posted on the door. If Tenant fails to leave after 30 days, a Motion for Writ of Possession can be filed. The Motion must include a sworn affidavit.  The Affidavit will state that the notice was sent to the Tenant and the Tenant failed to vacate. Courts require the new owner to set the Motion for Hearing. At the hearing, Courts may give the Tenant additional time to vacate.

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 today at (954) 323-2529 to learn about your rights.

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