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

Asked about 3 years ago - 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. Carol Lynne Zimmerly


    Contributor Level 18

    Answered . 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. Daniel J. Rose

    Contributor Level 15

    Answered . 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... more

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