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Tenant Protection in foreclosure

Flagler Beach, FL |

We have received court document papers (and are listed on them as tenants), for a hearing in Nov 2013 and a trial in January of 2014 for the house we are renting. Are we as tenants covered by the Protecting tenants at foreclosure act or do we need to take separate action and file anything with the court in order to be protected? Month to month tenancy. We are up to date on rent and continue to pay. They keep saying the house will still take some time to finish up foreclosure as the bank doesn't have the original note? I am just concerned with whether or not we will have some time to move when it all ends. Thank you.

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Attorney answers 3


Consult a Florida Real Estate Attorney on Avvo as the laws differ from state to state.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.


You should submit to the clerk of courts a copy of your written lease agreement if you have one. If not, write a short letter to the judge explaining the terms and conditions of your verbal rental agreement.

The 2009 federal act Protecting Tenants at Foreclosure may protect you, but only if you meet the criteria. The Tenant can't be a close relative of the homeowner, the rental agreement has to be an arms' length agreement, and the rent has to be near the Fair Market Value. If you meet these criteria, then you have some protections. the new owner will have to give you a 90 day written notice that you have to move.

Without a written lease for a term, you don't have to be given more than the ninety days' written notice.

If you are unsure, see a local lawyer. Good luck!



We do meet the criteria stated. Even though we are listed on the foreclosure papers-court documents and tenants, would we still need to submit a letter to the judge? Thank you for your response.

Carol Lynne Zimmerly

Carol Lynne Zimmerly


You don't have to, but I would recommend it.


I agree with the answers already provided. In addition, make sure you continue to pay your monthly rent up until the foreclosure takes place, and pay by check so that you can prove to the new owner/landlord with your bank statements that you have in fact been paying the required lease rent. I also receommend that you speak to a FL real estate attorney.

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