New Law
Affecting REO Tenants
It is common to find people asking us to find them a rental to
move in right away, because the home they currently rent was foreclosed and the
new owner is demanding possession in 24 hours.
Tenants leasing a property in foreclosure are often unaware of
the legal proceedings and sometimes only given a 24-hour notice before being
evicted. For the past five years, these tenants have been protected under the
federal law, “Protecting Tenants at Foreclosure Act of 2009”, which allowed
them to remain in the property for at least 90 days after the new certificate
of title was issued. That law expired at the end of 2014, leaving many honest
paying tenants in limbo.
Two days Ago on June 3rd, Florida House Bill 779 became law,
allowing tenants with bona fide contracts to remain in the property for at
least 30 days following the written notice to vacate.
Please be aware this new law applies to Tenants who can prove
they have a contract and are current on their rent payments. Also note you must
keep paying rent during those 30 days to the new owner of the property to avoid
an eviction proceeding.
The new Law on Rental Agreements: Provides that
purchaser taking title to tenant-occupied residential property following
foreclosure sale takes title to property subject to rights of tenant; specifies
rights of tenant; authorizes tenant to remain in possession of property for
30-days following receipt of written notice; prescribing form for 30-day notice
of termination; establishing requirements for delivery of notice; authorizes
purchaser to apply for writ of possession if tenant refuses to vacate property;
provides exceptions; provides for construction.
Notice must be given before starting the eviction process. Below
is the EXACT language which must be used in the 30-day notification:
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 the delivery of this notice, and that I demand
possession of the premises on … (date) …. If you do not vacate the premises by
that 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 … (landlord’s name and address) …
Don’t be a victim of unscrupulous owners who want to force you
to vacate against the law. There is help and protection available. Consult an
attorney. If you do not have the money, look for one who can give you a free
short consultation. If you need help finding a rental property call me.
Maria T
Villalobos, PA, CDPE
Real
Estate Advisor
Public
Notary
Florida
Capital Realty
USA.
786-285-5855
Vzla.
0212- 210-5398
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