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New Renter, Homeowner Fighting Foreclosure; Homelessness Prevention. What are my rights?

Palm Beach, FL |

I am a new renter at my current address. I recently found-out that my landlord is also defending against foreclosure. I'm concerned that I might be evicted too, but I learned that under the Helping Families Save Their Homes Act of 2009, tenants are allowed to either stay in the unit for the remainder of their lease, or for a minimum of 90 days.

Is this true and, if so, do I have to present myself at the upcoming court hearings? Do I have to get involved in my landlords legal case? It's not the bank that is foreclosing, however; it's the HOA. How will I have to deal with them?

I have a two-year lease and children. Is there ANY other Florida law that would prevent eviction/ homelessness because of my children?

Thank you.

Attorney Answers 1


You won't be affected until AFTER foreclosure. The new owner will either ask you to move or allow you to stay under a new lease. You have comfort in knowing you probably have the 90 day protection of the act that you cited.

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Is it ONLY 90 days, or can I stay for the length of the full lease? Thanks again.

Cheryl Rivera Smith

Cheryl Rivera Smith


Unfortunately, no. Perhaps the new owner will allow you to become their tenant!

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