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?
Real Estate Attorney
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.
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.