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Can a landlord in foreclosure invoke Termination of Tenancy (15 days) because he wants to give deed in lieu of to the bank?

Tamarac, FL |

I am m to mo tenant, living here 3 yrs. LL led me to believe home was up for short sale & I could make an offer. Turns out he was simply waiting for the 90 days of having place up for sale so he could walk away (Wells Fargo requirement). A mutual friend told me this was the plan. I questioned the LL via email. He denied, accepted another rental payment, 2 days later said I had one month to vacate, added I could make an offer. HOA then demanded rent for back fees. I paid after finding they can come after me for fees.
I made an offer. After a week and inquiries to realtor, told had to deal with seller. Seller's only response came about a week later in a letter from his atty invoking FL FS 83.57. Doesn't Protecting Tenants at Foreclosure Act cover this, requiring 90 days notice?

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Attorney answers 2

Posted

You are correct in that if this were a foreclosure, then the federal act "2009 Protecting Tenants at Risk of Foreclosure" would apply.

As this is a sale, the act does not apply.

Unfortunately, the Landlord can terminate the tenancy with proper 15 day Notice of Termination if the tenancy is month-to-month.

Asker

Posted

Thank you for your response. Sounds like tenants need more protection from unscrupulous LL who collect rent, while planning strategic default to get out from under an upside-down mortgage.

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

I always recommend written Leases rather than oral Leases. Now that the Department of Motor Vehicles is being stricter on issuing licenses, all residential Leases should be in writing, even if the term is month-to-month. Of course, the Tenants have a little more protection and a little more notice if the term is seven months or one year, and the Landlord benefits too, by having some assurance that the tenancy will continue for a while. There are so many property owners who are not able to make their mortgage payments nowadays. I hope you find a great place to rent with an honest and stable Landlord!

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

Although I don't know of any case law (will have to check) I believe that one might be able to say the Act applies to a Deed in Lieu. The question is whether "any immediate successor in interest in such property pursuant to the foreclosure" can describe a person who purchases after a Deed in Lieu is signed. I could not find any case law quickly, will look more in depth.

Asker

Posted

Thank you!

Posted

Yes, you are covered by this act. Do you have a lease?

Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship. Thank You

Asker

Posted

I am a month to month, and have been for three years. Can you clarify since there are conflicting answers? The LL wants to turn the house over to the bank as 'deed in lieu of'. I have an email from him stating this. He sent this before he procured an attorney. Thank you for your help.

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