Navigating Eviction After a Florida Foreclosure: What Renters Need to Know

Yes, it's possible to face eviction if your rental property in Florida is sold at a foreclosure sale, but Florida law offers certain protections to renters. It's important to understand your tenant rights during this process. While the new owner, often the bank, isn't obligated to honor your existing lease agreement with the former landlord, you're not required to move out immediately.

Your Right to Remain: The 30-Day Protection Period

Florida law grants eligible tenants the right to stay in the property for 30 days after the new owner provides a formal written 30-day notice to vacate. This period allows you time to find new housing.

Who Qualifies for This Post-Foreclosure Tenancy Protection?

To be eligible for this 30-day protection under Florida's eviction laws following a foreclosure, you must meet the following criteria:

• You cannot be the former property owner. This protection is for bona fide renters.
• The lease agreement must be legitimate, meaning it wasn't created fraudulently to avoid the foreclosure.
• You must be paying fair market rent, demonstrating a legitimate tenancy.

Paying Rent After the Foreclosure Sale: Your Obligations

Yes, even after the property is sold, you are obligated to pay rent. However, your payments should now be directed to the new owner, typically the bank that has foreclosed on the property. It's crucial to clarify payment procedures with the new owner to avoid any misunderstandings.

What Happens If I Don't Vacate After Receiving a Notice?

If the new owner (the bank) issues a notice to vacate and you fail to move out within the 30-day timeframe, they can pursue legal action to have you removed. This typically involves going to court to obtain a writ of possession. Once this writ is issued, the sheriff will post a legal notice at your residence, giving you as little as 24 hours to move. Understanding these foreclosure eviction procedures is vital for renter rights.

Ensuring the Court and Bank Know About Your Tenancy

To protect your rights, it's advisable to proactively inform both the court handling the foreclosure case and the bank's legal representation about your residency in the property. This involves filing formal notices with the court and sending copies to the bank's attorneys. Following up with the court and legal counsel to confirm they have received and acknowledged your notification is also a good practice.

Protect Your Tenant Rights After a Foreclosure Sale in Florida. Contact Korte & Associates today for guidance and to understand your options.

For more information, you can refer to the Florida Statutes on Landlord and Tenant, specifically Chapter 83.