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

Asked about 1 year ago - Tampa, 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 (2)

  1. Jordan Tyler Isringhaus

    Contributor Level 4


    Lawyer agrees

    Answered . In Florida, HOAs do generally have the right to attempt to foreclose a property due to past-due assessments. You may or may not be named in the suit, likely you will be named as "unknown tenant #1." The good news is that the owner is the person responsible for paying the HOA, not you. The owner may attempt to settle with the HOA and begin a payment plan for the past-due amounts, if the HOA will consent to such an agreement. As a tenant you are entitled to appear at the court hearings, however, it is not entirely clear what your basis for defending the case would be given that you only have a leasehold interest in the property and are not being sued for the debt.

  2. Cheryl Rivera Smith

    Contributor Level 20

    Answered . 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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