The Protecting Tenants in Foreclosure Act took effect on May 20, 2009 to protect tenants from eviction because of foreclosure on the properties they occupy. This Act applies to cases of foreclosure on a “federally-related mortgage loan, any dwelling or residential real property.”

Under the Protecting Tenants in Foreclosure Act, the immediate successor in interest, the one who is now in charge of the property, must provide tenants with a notice to vacate with at least a 90-day notice before the date is effective. The day when the complete title to a property is transferred to the successor in interest is the date of a “notice of foreclosure.” If you do not have a lease, the purchaser can assume a writ of possession and have you removed immediately.

Tenants are allowed to stay on the property until their lease ends; however, there are two exceptions. The first exception is if the property is purchased after foreclosure with the intent to occupy the property as a primary residence. The second exception is if there is no lease or the lease is terminable at will under law. Although there are these two exceptions for certain situations, tenants must still receive a 90-day eviction notice.

The Protecting Tenants in Foreclosure Act applies to tenants under a “bona fide” lease or tenancy. A lease is “bona fide” only if:

• the mortgagor under the contract is not the tenant

• the lease or tenancy was a product of an arm’s-length transaction

• if the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent or the rent is reduced or subsidized.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

Rent control is a topic of interest for many tenants and landlords alike. It refers to laws and regulations that dictate how much a landlord can increase the rent charged to tenants. While cities like New York are renowned for their rent control systems, the situation in Florida is different. Let’s delve into the specifics of rent control in Florida and its implications.

The Essence of Rent Control

Rent control laws aim to protect tenants from exorbitant rent hikes, especially in competitive real estate markets. These laws often cap the percentage by which rent can be increased annually, ensuring housing remains affordable for residents. However, Florida’s stance on this is distinct.

Florida’s Rent Control Status

Florida, including its cities, does not have rent control ordinances. This means that landlords have the freedom to set rental prices based on market demand. The only limiting factor is the availability of tenants willing to pay the set amount. Naturally, rents tend to be higher in sought-after areas close to amenities like schools, shopping centers, and entertainment hubs.

Recent Rent Trends in Florida

The absence of rent control has influenced rental prices in Florida cities. For instance, Tampa, a major Floridian city, has witnessed significant rent fluctuations. As of 2023, the average rent in Tampa is approximately $1,602, marking a steady increase from $1,248 in October 2018. Such trends are not exclusive to Tampa; cities like Boca Raton have also seen rapid rent hikes, with some areas experiencing a 13% increase from 2016 to 2017, reaching an average rent of $2,197 per month.

Negotiating Rent Increases

If your landlord intends to raise the rent after your lease term, it’s worth negotiating. Highlighting factors like timely rent payments or property maintenance might influence their decision. Engaging in a candid conversation can lead to a mutually beneficial agreement.

Landlord Obligations

While landlords in Florida have the freedom to set rental prices, they are also bound by specific obligations to ensure the well-being and rights of their tenants. These obligations encompass a range of responsibilities, including:

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  • Maintaining Habitability: Landlords are required to ensure that the rental property is safe and habitable. This includes addressing issues related to plumbing, heating, and structural safety. Any reported problems should be promptly fixed to ensure the tenant’s safety and comfort.
  • Security Deposits: Landlords must handle security deposits with care. This means providing a receipt upon collection, storing the deposit in a separate bank account, and returning it to the tenant upon lease termination, minus any deductions for repairs or unpaid rent. Any deductions should be itemized and communicated to the tenant.
  • Notice for Rent Increases: While Florida doesn’t have rent control, landlords must provide adequate notice before increasing rent, typically at least 30 days for month-to-month leases. This ensures tenants have ample time to decide whether to continue the lease or seek alternative housing.
  • Respecting Tenant Privacy: Landlords cannot enter a rented property without giving proper notice, usually 12 to 24 hours, unless there’s an emergency. This respects the tenant’s right to privacy and quiet enjoyment of the property.
  • Non-discrimination: Landlords cannot discriminate against potential tenants based on race, color, religion, sex, familial status, or national origin. Fair housing laws ensure that all tenants have equal access to housing opportunities.

It’s essential for both landlords and tenants to be aware of these obligations. While landlords must ensure they adhere to them, tenants should know their rights to ensure they are treated fairly and legally in all rental situations.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

Updated: 6/2/23

A Writ of Possession is a court order that grants full possession of tangible property (usually a dwelling such as a house or apartment) back to the owner or landlord. It’s usually granted after the landlord wins an eviction lawsuit against a tenant. Common reasons for eviction lawsuits include nonpayment of rent or violating terms of the lease agreement (see: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.62.html).

The Process of Serving a Writ of Possession

Once a Writ of Possession is granted, it must be served to the tenant. This task is typically carried out by the Sheriff. The Sheriff’s role is to deliver the Writ to the tenant, thereby officially notifying them of the court’s decision and their obligation to vacate the property.

Upon receiving the Writ, the tenant is required to leave the property within a specified time frame. In Florida, for instance, this period is 24 hours. This means that once the Writ is served, the tenant has 24 hours to remove themselves and their belongings from the property. If the tenant fails to comply within this period, the Sheriff has the authority to physically remove all persons and belongings from the property.

Legal Recourses for Tenants

While a Writ of Possession can seem like the final word in an eviction case, tenants do have some legal recourse. In some states, including Florida, tenants can file an ‘Emergency Motion to Stay Writ of Possession.’ This motion is a request to the court to halt the enforcement of the Writ. If granted, a court date will be set for a hearing.

At this hearing, the tenants or their attorney will need to present a compelling legal argument as to why they should not be evicted. This could involve demonstrating that the eviction was unjust, or that they have rectified the issue that led to the eviction lawsuit.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

Seeking Legal Assistance

If you find yourself served with a Writ of Possession, it’s strongly recommended to contact an attorney. An experienced legal professional can help you explore your options, guide you through the process of filing an Emergency Stay, and represent your interests in court.

Additionally, your local housing authority can provide valuable guidance and answer any questions you might have about your situation. They can help you understand your rights and responsibilities as a tenant and provide resources to assist you during this challenging time.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

Updated: 6/2/23

Can your Homeowners’ Association (HOA) foreclose on your home if you’ve defaulted on assessment fees?  Yes!  In fact, per Florida law, your homeowners’ association can potentially foreclose your property even if you are current on your mortgage.  If you’ve fallen behind on HOA fees, read on for some insights on what to expect.

HOA Foreclosure Rights in Florida

Per Florida legislature (Chapter 720 of Florida Statutes), a homeowners association may suspend your member rights to common areas and amenities within the community and may even charge additional fees for each day assessments are in default.  HOAs are generally tenacious about collection, no matter the amount or whether you are behind by one or more payments and with complete disregard to the status of your mortgage, so be proactive about getting caught up on missed payments; once the past due amount reaches over $1,000 your HOA has the authority to place a lien on your property.  An assessment lien makes it difficult to sell or refinance your home and could result in a foreclosure whether or not you’re up-to-date on your mortgage.

Consequences of Defaulting on HOA Fees

When a homeowner falls behind on their HOA fees, the consequences can be significant. The HOA may suspend the homeowner’s rights to use common areas and amenities within the community. Moreover, for each day that assessments are in default, the HOA may charge additional fees. It’s worth noting that HOAs are generally diligent about collection, regardless of the amount owed or the number of missed payments.

The Lien and Foreclosure Process

If the past due amount exceeds $1,000, the HOA has the authority to place a lien on the property. An assessment lien can make it difficult to sell or refinance your home. Furthermore, it could lead to foreclosure, irrespective of whether your mortgage is up-to-date.

However, the foreclosure process is not immediate. The HOA is required to file a lawsuit and must wait for the court to assign a foreclosure sale date, either through a summary judgment or a regular trial.

The Position of Your Mortgage

It’s important to understand that even if the HOA initiates foreclosure proceedings, your mortgage remains in the first position. This means that the HOA cannot take possession of your home or receive any money until the first position lien, i.e., your mortgage, has been paid in full.

Seeking Resolution

If you find yourself facing an HOA lien on your property, it’s crucial to act promptly. Contact your HOA immediately. In many cases, homeowners can negotiate an agreement with the HOA board, thereby avoiding the need for costly and time-consuming court proceedings.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

 

Stephen K. Hachey P.A. Stephen K. Hachey P.A.
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Though one can file a petition for relief under a number of chapters in the Bankruptcy Code, consumers most commonly file for liquidation under Chapter 7, which involves a court-appointed trustee collecting nonexempt assets from the petitioner or debtor in order to pay its creditors.  Generally a trustee can in deed claim a security deposit in a bankruptcy, albeit with certain limitations.

A landlord, for example, may contest the courts for a tenant’s security deposit in order to cover unpaid rent or damages to the property as outlined in their lease.  Therefore a trustee may not automatically compel a landlord to turn over or reimburse a security deposit to the bankruptcy estate.  Similarly, a tenant may seek to be reimbursed for her security deposit in the event that their landlord has filed for bankruptcy.

Given a landlord’s interest in a security deposit, courts often rule in their favor as a trustee’s claim is limited to property that is incontestably property of the bankruptcy estate.  Conversely, a tenant may find recovering their security deposit more trouble than it’s worth as security deposits are dischargeable debt, which means that a landlord is not responsible for returning the security deposit once the bankruptcy petition’s been filed.  Assuming estate assets exist, a tenant would be refunded by the trustee through the bankruptcy process.  Unfortunately, many estates lack the assets to refund creditors, including a tenant’s security deposit.

Bankruptcies can be a complex, drawn-out, intimidating process for everyone involved; however, whether you are a tenant or a landlord, the best way to protect your interests is to be proactive and stay informed!  For more facts on bankruptcy proceedings consult with your attorney. Stephen K. Hachey, a Florida real estate attorney can help your wade through this difficult process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

Wondering what your options are when your lease has expired and the house in foreclosure? In the state of Florida, in certain circumstances your landlord can evict you, but there are many ways to stay on good terms and avoid eviction.

When dealing with tenant issues, keep in mind the Protecting Tenants at Foreclosure Act that Congress passed back in May 2009. Covering tenants with a valid, active lease agreement, the act declares your landlord must honor the full length of your lease agreement throughout the foreclosure proceedings. If a new homeowner purchases the land, they must assume the landlord role. If they choose to use the property, your lease has expired or you are on a month-to-month lease, you are allowed at least 90 days from the date the new homeowner claims ownership of the property before you must leave.

If your landlord is being foreclosed upon, keep paying your rent regardless of the foreclosure. Even if you feel that your landlord is no longer entitled to your money, as long as you remain living in the space you need to continue to pay rent on time. If you fail to continue paying rent, you risk losing the protection under the Protecting Tenants at Foreclosure Act and you can be evicted for nonpayment.

If your lease has expired the landlord may begin the eviction process but he must give you at least 30 days notice, which must end at the end of the rental period. Although they can evict you, the eviction process is expensive.

As your lease expiration date is approaching, talk to you landlord about working out a month-to-month tenancy while you search for another place and get your affairs in order. Even in foreclosure, landlords are allowed to continue to rent, so there is no legal reason for them to evict their tenants.

During this process remember your rights, continue paying rent, start searching for a new place and if you do receive an eviction notice, be sure to adhere to it in a timely manner.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

If you are looking to rent a new place, be aware that landlords have different ways of checking to see if potential tenants have had any issues in the past. With websites and landlord connections in their arsenal, they can investigate to see if you have a history of causing problems.
Different websites offer previous landlords the chance to warn fellow landlords about bad tenants. Websites like donotrentto.com and tenantdispute.com provide a place for landlords to do some research on potential tenants. They can read descriptions and warnings of bad tenants who make late payments, destroy property, refuse to vacate the premise or who create any other issues.
In addition to these websites, landlords may research your rental history. They may talk to your previous landlords so they can find out if there were ever any problems and they can check out your experiences as a renter to help them decide if you are a good tenant.
Since rent is commonly one of the big issues between landlords and tenants, landlords may want to verify your employment status and income. They do this to make sure that you will be able to afford rent, which can help avoid any rent related problems in the future.
If you do have a bad credit score, a criminal record, were ever evicted or are worried about what a previous landlord will say about you, just preface the issue with the owner. Sometimes, if you talk to them and explain what happened or the situation you are in and how you are working to fix it, they may be more likely to negate the issue.
When looking at potential tenants to see if they have a history of causing problems, landlords may access different websites for anecdotes from previous landlords or they can also research your rental history.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

As the nation continues to recover from the recent economic downturn, millions of renters still struggle to make ends meet.  If you’re a distressed renter in the state of Florida, you may be asking what your rights are as a tenant and what happens next.  This quick overview of Florida’s eviction laws will outline your options and prepare you for what’s ahead.

Florida law dictates that your landlord must give you notice to vacate the premises before carrying out an eviction.  Landlords may present tenants with any one of four types of notices—a three day notice, a seven day notice (with cure), a seven day notice (without cure) or a fifteen day notice; each is specific to the reason the landlord is seeking eviction.

The Three Day Notice is most common and applies to tenants that have fallen behind on their rent.  Once rent becomes past due, the landlord delivers by hand (or posts on your door) a written notice to vacate the premises within three business days.  Once the three day period is elapsed, the landlord can then file a formal complaint with the County Clerk’s Office to have you evicted.  Under no circumstances is a landlord allowed, without express consent of the court or without a Sheriff present, to change the locks or remove your property from the premises; doing so is illegal under Florida statute and may annul your rental agreement entirely.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

If your landlord has changed your locks, you are within your full legal rights to file suit against him and seek damages.  If the courts find your landlord is in violation of any one eviction rule, your landlord can be fined for up to three months’ rent and rule in your favor; that is, the court will award you three months’ rent and allow you to stay in your home.  If you’re facing eviction from your rental home, consult with an attorney in order to ensure that you’re being treated fairly and that your rights as a tenant are protected.

It is an unfortunate reality that many people were severely affected by the economic downturn. We’ve all heard horror stories about underwater mortgages and whole neighborhoods in foreclosure. Some borrowers have resorted to bankruptcy. Chapter 13 bankruptcy does offer the opportunity for loan modification.

The Tampa Division of the Florida Middle District Bankruptcy Court has a program in place that allows filers of Chapter 13 bankruptcy to change the terms of their loan. Borrowers must apply for the modification within six months of filing for Chapter 13 bankruptcy. For a period of 36 to 60 months, depending on income, borrowers will pay 31 percent of their gross income as a protection to the loan provider. This payment will include property taxes and insurance. Obviously, if your current total monthly payment for your mortgage, property tax, and insurance is less than 31% of your gross income, then the modification will not benefit you. However, if you are behind on payments, the modification will allow you to catch up.

Be sure to discuss your options with an experienced attorney before you make any decisions. Stephen K. Hachey, a Florida real estate attorney, can help you navigate this process and make the most of a difficult situation. Contact him at 813-549-0096.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

The world has seen an explosion in bedbug infestations in the past few years. Renters in multifamily dwellings are especially susceptible. If you have a bedbug infestation and your landlord is giving you the runaround, here are your rights:
Per Florida Law, landlords are responsible for exterminating vermin, including bedbugs. If tenants are required to vacate the premises during treatment, the landlord is not responsible for damages but cannot charge rent.
If your landlord is unresponsive, send him an email, a letter, and follow up with a phone call explaining the situation and his responsibilities. Document any communication the two of you have, including dates and times of phone calls. If he remains unresponsive, you may want to contact a lawyer or file a housing code complaint with your local agency.
If an inspector does agree to come by, clean up beforehand but make sure the bedbugs are still visible. Encourage your neighbors to make similar appointments to show that it is a widespread issue. Again, document all communication, including names and contact information. This will make your case stronger if it goes forward and lawyers get involved. If you can prove you did everything you could, it will go much smoother.
Stephen K. Hachey, a Florida real estate attorney, can help you navigate this process and make the most of a difficult situation. Contact him at 813-549-0096.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.