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Can a landlord in foreclosure invoke Termination of Tenancy (15 days) because he wants to give deed in lieu of to the bank?

Tamarac, FL |

I am m to mo tenant, living here 3 yrs. LL led me to believe home was up for short sale & I could make an offer. Turns out he was simply waiting for the 90 days of having place up for sale so he could walk away (Wells Fargo requirement). A mutual friend told me this was the plan. I questioned the LL via email. He denied, accepted another rental payment, 2 days later said I had one month to vacate, added I could make an offer. HOA then demanded rent for back fees. I paid after finding they can come after me for fees.
I made an offer. After a week and inquiries to realtor, told had to deal with seller. Seller's only response came about a week later in a letter from his atty invoking FL FS 83.57. Doesn't Protecting Tenants at Foreclosure Act cover this, requiring 90 days notice?

Attorney Answers 2


  1. You are correct in that if this were a foreclosure, then the federal act "2009 Protecting Tenants at Risk of Foreclosure" would apply.

    As this is a sale, the act does not apply.

    Unfortunately, the Landlord can terminate the tenancy with proper 15 day Notice of Termination if the tenancy is month-to-month.


  2. Yes, you are covered by this act. Do you have a lease?

    Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship. Thank You

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