FLORIDA REAL ESTATE ATTORNEYS
NEW LAW AFFECTING REO TENANTS
Tenants leasing a property in foreclosure are often unaware of legal proceedings and sometimes are only given 24-hour notice to vacate the property when a new third party purchaser takes title.
For the past five years, tenants of properties in foreclosure, have been protected under the “Protecting tenants at Foreclosure Act of 2009” which allowed them to remain in the property for at least 90 days after the Certificate of Title was issued. This law, however, expired in 2014 leaving many tenants in limbo.
Yesterday, Florida House Bill 779 became law allowing tenants to remain on the property at least 30 days following a notice to vacate. The tenants must have a bona fide contract to be able to remain on the property and must be given a notice by the new owner, with proper language before starting the eviction process.
The new languages must read:
NOTICE TO TENANT OF TERMINATION
You are hereby notified that your rental agreement is terminated on the date of delivery of this notice, that your occupancy is terminated 30 days following the date of delivery of this notice, and that I demand possession of the premises on ______. If you do not vacate the premises by this date, I will ask the court for an order allowing me to remove you and your belongings from the premises. You are obligated to pay rent during the 30-day period for any amount that might accrue during that period. Your rent must be delivered to ______________________________________.
The 30-day Notice to Tenant of Termination must be served on the tenant in the same manner as required under Florida Statutes §83.56(4).
Afterwards, the new owner can apply to the court for entry of a Writ of Possession so that the Sheriff removes the tenant and their belongings.
There are exceptions to this new rule however. Consult with an attorney to assist you.
At the Law Offices of Jacqueline A. Salcines, P.A. we are experienced attorneys and accountants, holding dual degrees to successfully represent you and your interests in a landlord tenant matter.
Allow us to put our knowledge and experience to work for you.
If you are buying or selling real estate, call us today to see how we can help you.
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
TRUST | COMMITMENT | RESULTS
Jacqueline A. Salcines
JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280
EMAIL: J.SALCINES@SALCINESLAW.