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Can I Be Evicted If My Rental Home is Sold at a Foreclosure Sale?

Brian Korte • May 30, 2018

Yes, but not right now.  Florida law gives you some protection when the home that you rent is sold at a foreclosure sale.  The bank does not have to follow the lease that you signed with your former landlord.  But you are allowed to stay in your home for 30 days after the new owner gives you a written 30-day notice to vacate (move).

How do I know if I qualify for the protection of the law that lets me remain for 30 days?

In order to qualify for this protection you:

  • Cannot be the former owner and
  • It has to be a real lease, not one made up for the foreclosure
  • You must pay market rate rent

Do I have to pay rent after the property is sold to the new owner?

Yes, you have to pay the rent to the bank.

What if I don’t move out within the 30 days?

If the bank gives you a notice to vacate and you do not move out within 30 days s/he can go to court to have a writ of possession issued.   The sheriff will posts a legal notice at your home and you will then have 24 hours to move

How do I make sure the judge in the foreclosure case and the bank’s lawyer know that I am living in the house?

You have to file notices with the court and the banks lawyers to let them judge know. It is a good Idea to follow up with the court and the lawyers to make sure they know about your rental.

Contact Us Today To Save Your Home…

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