Tenant's rights in a short sale

Asked almost 2 years ago - West Palm Beach, FL

Hello,
my wife, 8month old daughter and me are living since 2 1/2 years as tenants in a private own townhouse. After the first year, it changed to a month to month lease. I never been delayed with a payment over the renting time.
About 1 1/2 months ago we received by phone the information from our landlords, that they are going into a short sale. They said they let us know when they get closer ideas when this will close. We kept paying rent in that time !
On 12/31/12 I received an email that our month to month lease will be terminated on 12/31/12 and that the property will be under new ownership (we paid for December rent) on 01/15/13.
Is there any way for us to extend our stay in that property until I found a new home for my family ?
What happens if we stay after their closing day of

Attorney answers (3)

  1. Jed R Prest

    Contributor Level 12

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    Answered . Since this a month to month, they have to give fifteen day prior to the end of the payment period. So you should have until the end of January. The new owners take ownership subject to your lease. This is a general statement, you should review with a local attorney to review your specific circumstances.

    Good luck.

  2. Carol Lynne Zimmerly

    Pro

    Contributor Level 19

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    Answered . Dear month-to-month Tenant:

    Florida law protects month-to-month tenants by requiring the landlord to give written notice of at least fifteen days' time that the lease is being terminated.

    if you pay rent on the first of the month, the landlord must give you written notice that you receive at least 15 days before the beginning of the next pay period. It must be written and it must be sent certified mail. So, for them to terminate the lease as of 2-1-13, they must send you a written notice that you receive at least by 1-15-2013. If they don't do that, then you must attempt to pay them the rent on 2-1-13 or before.

    The new owner will have the exact same rights and responsibilities as the current owner. That is, the new owner will take over the role of landlord and will have to follow the law, also. If you have a security deposit with the current owner, he/she will have to refund it to you or turn it over to the new owner who purchases. If they fail to turn it over to you or the new owner, you will have to write them a demand letter and mail it certified mail asking for your deposit back.

    If you have not paid January rent, pay it now. If necessary, send it certified mail and pay in a money order (keep a photo copy of the money order and keep the stub) or cashiers check ( keep a photo copy of the cashiers check and keep the carbon copy).

    Good luck.

    if you stay past the closing date, you will be okay as long as neither the old owner nor the new purchaser has sent you a proper termination letter. you can also decide to move and mail them a certified letter stating that you are moving and will turn in keys as of 1-31-13, as long as you mail it and they receive it by 1-15-13. Or you can do the same thing in february, write a letter stating that you are moving out, will turn in keys as of the last day of February, and make sure to send it certified so that they get it at least fifteen days before 2-28-13 or 2-29-13 if 2013 is a leap year.

    If you pay on a day other than the first, the same rules apply, just adjust the 15 day rule to suit your periodic payment. If you pay on the 16th of each month, you would have to receive the letter from the landlord 15 days before then in order for it to be a good termination. If you pay on the 16th and you want to move, you will have to write the letter, send it certified mail, and have the current owner (whoever that is at the time you write the letter) and make sure they receive it at least 15 days before the next rent is due.

    When you do move, be sure to remove your items, clean really well, take lots of pictures, and then meet the landlord to turn over keys and have a move-out inspection.

    Good luck!

  3. Jacqueline Alicia Salcines

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . If the lease is month to month they have the right to terminate at any time. Your best bet is to talk to the buyer and work a deal out with them

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