Tenant Foreclosure? Two very common questions we get all the time stem from Foreclosure Renter Rights Broward County FL are “Do I have to pay rent if my landlord is being foreclosed on?” and “Can I be evicted or do I have to move out if my rental home or apartment is sold at a foreclosure sale?” Unfortunately in South Florida, especially Fort Lauderdale and surrounding Broward County, this is an all too common occurrence.
For the first question, “I have to pay rent if my landlord is being foreclosed on?” The short answer is Yes. If you do not pay rent, the landlord has every right they normally would, regardless if they are in foreclosure or not. In Florida, a landlord is the owner of the home until the property is sold and a certificate of title is issued by the court after the foreclosure sale. If you as the tenant do not pay rent, you may be evicted from the property and sued for the past due rental payments as well.
For the second question, “Can I be evicted or do I have to move out if my rental home or apartment is sold at a foreclosure sale?” The answer is yes, you do have to move out, but only if the new owner gives you the proper notice and amount of time. According to Florida Statute 83.561, the new purchaser of the foreclosed property must provide a notice of termination, giving the tenant 30 days to vacate the property. There are also a few exceptions to this rule that would disqualify you from the 30 day protection. You cannot be the mortgagor or the mortgagor’s spouse, child, or parent. The rental transaction must be a “arm’s length transaction” meaning you did not get a special deal knowing the landlord was in foreclosure or knowing the landlord personally. You also do not qualify for the protection if you are paying significantly less then what is considered fair market value for your rental home or apartment.
If you are a renter and your landlord is being foreclosed on, call the experienced Tenant Foreclosure attorneys of 954 Eviction Attorneys, PLLC to discuss Foreclosure Renter Rights Broward County FL. Our number is (954) 323-2529 or come see us at our Coral Springs FL or our Lantana FL office locations.
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