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Bank Foreclosure on a Property with a Tenant in Florida
Ever since 2008 and the beginning of the recession, Florida has been a hotspot for foreclosures. Most of the time, the owner of the property is the one affected but what happens if the property is leased to a Tenant?
Florida Statute 83.561 “Termination of Rental Agreement Upon Foreclosure” states that if a Tenant is occupying a residential property that is the subject of a foreclosure sale, upon the issuance of the Certificate of Title following the sale, the purchaser of the Certificate of Title takes title to the property subject to the rights of the Tenant. Further, the Tenant may remain in possession of the property for 30 days following the date of the purchaser’s delivery of a written thirty (30) day notice of termination.
The Notice of Termination must state that the rental agreement is terminated and that the Tenant’s occupancy is terminated 30 days following the date of delivery of the notice. During this 30-day period, the Tenant is still obligated to pay rent to the Landlord. The Notice of Termination will state who the current landlord is.
If the Tenant stays after the 30 day time limit, the purchaser may apply to the Court for a Writ of Possession. The Writ of Possession will be based upon a sworn affidavit that the 30-day notice of termination was delivered to the tenant and the tenant has failed to vacate the premises at the conclusion of the 30-day period. If the court awards a Writ of Possession, the writ must be served on the tenant.
Finally, the purchaser does not take on all of the obligations of a Landlord unless the purchaser assumes an existing rental agreement or enters into a new rental agreement. This means that the Tenant can remain a Tenant if the purchaser so desires.
Have a foreclosure or landlord/tenant issue? The Law Office of Ryan S. Shipp, PLLC is here to help. Call us today at (561) 699-0399 or stop by our office in Lantana, Florida.