The dynamics between tenants and landlords can be intricate, especially when properties change hands. In Florida, the regulations surrounding eviction notices for month-to-month tenants when a landlord sells the property are specific. The short answer is a notice of 15 days. That said, there are important nuances that warrant investigating.
The Ideal Tenant-Landlord Relationship
In a perfect world, tenants and landlords maintain open lines of communication, ensuring no surprises. However, real-world scenarios can differ, leading to situations where tenants find themselves facing unexpected eviction notices. Recognizing this, many states, including Florida, have established guidelines to ensure fairness and clarity.
Lease Transfers and Property Sales
When a landlord decides to sell a property, the existing lease typically transfers to the new owner. This means that tenants continue to pay rent to the new owner, and the terms of the original lease remain unchanged. However, challenges arise when there isn’t a fixed-term lease, and the tenant rents the property on a month-to-month basis.
Florida’s Regulations on Month-to-Month Leases
For month-to-month tenants in Florida, the eviction notice period is notably short. Landlords are required to provide a mere 15-day notice for non-renewal of the lease, regardless of the reason, be it property sales or otherwise. Given the brevity of this period, tenants are encouraged to maintain proactive communication with landlords, staying informed about any potential property sales or changes.
Property Access for Inspections and Showings
During the property sale process, landlords might need to access the property for inspections or to showcase it to potential buyers. While this can be intrusive for tenants, most states, including Florida, mandate a minimum 24-hour notice for such visits. Tenants are expected to accommodate these requests, ensuring the property remains accessible for these purposes.
Empowering Tenants: Know Your Lease and Rights
Given the complexities surrounding property sales and tenant evictions, it’s crucial for tenants to be well-versed with their lease agreements. An experienced attorney can offer invaluable insights, ensuring tenants are aware of their rights and obligations. For instance, if landlords neglect property maintenance, tenants might have legal grounds for actions such as rent withholding.
Engaging with New Property Owners
Proactive communication can be a game-changer. If a tenant learns about an impending property sale, reaching out to the new owners can be beneficial. The new owners might be open to continuing the rental arrangement, providing the tenant with additional time to find alternative housing.
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.
Conclusion
The sale of a rented property in Florida, especially with month-to-month tenants, requires careful navigation to balance the rights of both tenants and landlords. By staying informed, maintaining open communication, and seeking legal counsel when needed, tenants can better manage such transitions.
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.
According to Florida law, HOAs are entitled to any late fees, interest accrued and even attorney fees incurred as a result of past due assessments whether or not the association filed a foreclosure suit against you.
If your lender forecloses on your home or condo, they can declare your association as a defendant in their suit whether or not the association has placed a lien on the property due to unpaid assessments. As a named defendant, your HOA cannot collect past due assessments from you directly. In this instance, Florida requires your lender pay the association up to one year’s worth of past due assessments or 1% of the mortgage—whichever of the two is less.
It’s important to be aware of your HOAs bylaws in order to ensure that a past due assessment does not turn into a much more expensive problem that can potentially cost you your home. Allowing association fees to turn into foreclosure proceedings may result in a bill up to ten times greater than the original amount. If you are past due on assessments, avoid further headaches and contact your association immediately in order to reach an agreement or work out a payment plan.
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.
A deficiency judgment occurs when a foreclosed home sells for less than the balance owed on the mortgage loan; in the state of Florida, your lender has the legal right to file suit against you in order to garnish your financial assets and recover the difference. If you are facing foreclosure, you may be wondering whether your retirement assets are in jeopardy of being swallowed up by a deficiency judgment. But breathe easy because under Florida law, retirement accounts are out of reach from creditors.
Pension plans and retirement accounts are protected from creditors in the state of Florida and as such cannot be attached to a deficiency after a foreclosure sale. All monies or assets in a retirement or profit sharing plans are exempt from all claims from creditors, including foreclosure and/or bankruptcy proceedings. All IRA accounts, including rollover and inherited IRAs, are protected under Florida Statute 222.21(2)(a) and will not be claimed by your lender; however, the statute does require the account be maintained with a Florida financial institution or branch in order to qualify for exempt status under Florida law. The state of Florida applies the statute broadly, adding emphasis to county and state employee pensions, such as teachers, police officers and firefighters. The rationale behind Florida’s retirement exemption is to ensure that Florida residents are able to support themselves in retirement and are not instead forced to depend on the state as a result of a default.
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.
After a foreclosure, you may be surprised to find that the nightmare is far from over, but if your mortgage lender is unable to recover their entire loan balance after a foreclosure sale, you’re still very much along for the ride.
A deficiency occurs when a mortgage lending institution is unable to cover its investment with the proceeds from the sale of a foreclosed home. In the state of Florida, your lender can file suit against you in order to collect the difference. If you paid for private mortgage insurance (PMI), the insurance company will pay off the deficiency to the bank; but the PMI company has a right to hold you accountable and seek repayment. Don’t panic! Deficiency laws are complex and generally do not allow lenders or related parties to flippantly pursue borrowers to cover their losses once a foreclosure’s taken place.
Florida’s statute of limitations for deficiency judgments resulting from foreclosures on or after July 1, 2013 is one year, beginning the very day your home is sold in foreclosure and the new owner is issued a certificate of title. Nevertheless, sitting back and ignoring a deficiency may only make things worse and even result in garnished wages; so do consider your options! Deficiency judgments are unsecured debt, therefore filing chapter 7 (or chapter 13) bankruptcy can eliminate your personal liability to repay them. Before making any final decisions however, you should consult with a bankruptcy attorney to assess your unique financial situation and determine whether filing bankruptcy is the best course of action for you.
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.
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’re facing foreclosure, you may be wondering whether your lender does in fact have a claim to your property based on poorly or wrongly executed negotiable instruments such as a mortgage Note. Most often, individuals wrongly presume that a blank or unsigned endorsement makes their Note unenforceable as a legal document and as such would make their looming foreclosure illegitimate. However, blank endorsements are commonly known and widely accepted in the legal and business domain, including in the state of Florida.
A mortgage Note or promissory Note is a promise to pay back the corresponding mortgage loan attained to buy a certain property. In Florida, a promissory Note does not require an executed (signed) endorsement from the Note bearer for such to assume its ownership. That is, the financial institution in possession of your mortgage Note is not required to sign the instrument’s endorsement in order to bring forth a claim seeking repayment. Per FL Statute 671.201(21), plaintiffs (most likely your lender or loan servicer) must meet two requirements in order to be considered owner or bearer of the Note: first, they must be in possession of the original instrument and second, the original Note must be endorsed, either in blank or in the plaintiff’s name.
Unfortunately, many Florida homeowners have lost their homes to foreclosure due to poor preparation and misinformation. If you are in danger of losing your home to foreclosure, it is imperative to seek the help of professionals and have the most accurate information possible. If you believe you’re the victim of wrongful foreclosure proceedings, the best course of action is to consult with a knowledgeable attorney to guide you in the right direction and help you keep your home.
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.
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.