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.