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I am a renter and just found out by people knocking on the door i have to leave in 24 hours i knew nothing what do i do?

Cocoa, FL |

i have no details i dont know what to do?

Attorney Answers 3

Posted

Who were the people, the sheriff?

It sounds like you were evicted. Were you given a 3 day notice? Served with an eviction complaint? It is possible that service was extremely defective but unusual. If everything was done appropriately you more than likely will have to move. If service was defective, you have a defense to have the eviction overturned.

Feel free to email me through my profile. I can look up whether there is an eviction case against you.

DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at www.lawofficesofjimmyallendavis.com or email me at jimmy.davis.esq@gmail.com.

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Asker

Posted

I myself never recieved any evictions my landlord told me i was fine. The new owners at the door just let me know they bought the house it went into forecloser and was bought at auction. I knew nothing and my landlord told me nothing. He let the house go and now im stuck wondering if i have more then three days or because of him do i get nothing

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

The new owners have to honor your lease agreement.

Jimmy Allen Davis

Jimmy Allen Davis

Posted

Ah, okay, it sounds like the new owners are trying to get you out of the house without you resisting. They cannot do that, you have the right to remain in the home until the lease agreement is up or they lawfully evict you. You need to make sure that the title has been passed to the new owners, and then you would pay them rent. Otherwise it still goes to your landlord. I definitely recommend you obtain an attorney to look after your rights. Best of luck.

Asker

Posted

i will thank you

Posted

You need to provide more information. Who knocked on your door? What specifically were you told? Has anything been posted on your door? If so, what does it state? Is your rent current? Did you fail to respond to a suit for eviction? Florida law does not allow a landlord to evict anyone on their own. The landlord must file a law suit to evict you. If its not your landlord who has told you to leave, you may want to contact your local police if you feel you are being threatened, or harassed. If it is your landlord who is telling you to leave in 24 hrs, I recommend that you immediately contact a local attorney to protect your legal interests.

The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information provided by this website is not intended, nor should it be construed, to be legal advice. Your use of this website, and/or the sending of information to the Fucillo Law Firm, P.L., does not establish an attorney/client relationship. Please do not send us any confidential or privileged information until such time that an actual attorney/client relationship is actually established.

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Posted

the people at the door told me they were the new owners. They let me know the house was sold to them....(which i looked up on brevard county clerk of courts and they are) I was renting from someone who had been recieving mail from the clerks and when i called he said nothings wrong the bank was taking his money i dont need to worry. Nothing was posted on the door, they said that they can be nice and give me till sunday to leave or i would have a sherriff at the door with a 24 hour notice. I have not gotten anything sent to me in mail, but there has been stuff that said to the owner or people on property, i didnt open because i left that to my landlord. My rent is current but when i looked up info on my owners house through clerk of courts he hasnt given them any payments or engaged them with any contact. do i get 30 days or do i have to leave because of my landlords non communication with them or the lies he told us. Im going to leave i just need more then three days

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

You don't have to leave. If the new owners purchased at a foreclosure sale, they have to honor your lease agreement. If you don't have a written lease agreement, they still have to give you 90 days at least. you will have to pay rent during the 90 days or your lease agreement, whichever is longer. you need to meet with an attorney tomorrow Saturday so an attorney can prepare an Emergency Motion to Stay the Writ of Possession.

Posted

You need to meet with an attorney as soon as possible.
My answer is going to assume that the new owners purchased at a foreclosure sale and
that the person you have been paying rent to is actually the former owner.

Do you have a written lease agreement and for how much longer is the term?
Or are you renting month-to-month?

If you are not able to get an attorney by Monday morning, at the very least you should:
File a copy of your written lease agreement with the clerk of courts on Monday morning and write the case number in the upper right hand corner. If you don't have a written lease agreement, file a letter addressed to the judge telling him/her that you are a tenant in the property, when you pay rent, and any other specifics that are important. Keep it brief.

I am assuming that the new owners have not obtained a Writ of Possession yet in the foreclosure case. You should check the Clerk of courts website and see if a Writ has been issued yet. If so, you need to get an attorney to put in a Motion to Stay the Writ asap.

Many purchasers at foreclosure sales do not understand the 2009 Protecting Tenants at Foreclosure Act or pretend that they don't understand it.
The purchaser after foreclosure has to honor a written lease or give you 90 days' notice, whichever is longer. If you are only a month-to-month tenant, then you get at least 90 days' notice. Of course, you should begin paying rent to the new owners when rent is due next.

There are only three ways to obtain legal possession in Florida:
1. the tenant voluntarily gives the keys to the owner and surrenders possession.
2. the tenant abandons the property, after at least half of the rent period goes by with no word from the tenant to the landlord, the LL can take possession.
3. the sheriff executes on the Writ of Possession after the judge in the case signs the final judgment ordering the clerk to issue the Writ of Possession. (the sheriff has to post the Writ first, then comes back after two business days to execute on the Writ, remove the occupants, and give possession to the owner).

Do not let the new owners bully you.
Get legal representation so your rights are preserved.

Good luck.

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Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

Any paper that you file with the clerk of courts, you must send a copy to all parties involved in the lawsuit. If you file a copy of your written lease, then you must send a copy of the written lease to the mortgage company (Plaintiff), the defendant (landlord), and the new owner (purchaser at the foreclosure sale).

Asker

Posted

thank you i looked at the clerk of court sheet under the landlords name they had a notice of the writ of possession dated the 5th of feb. so will call an attorney asap thank you

Asker

Posted

i also only had a month to month oral agreement and he made me made me pay to his wifes bank account but i kept all the times i made a deposit.

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