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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 29284
Experience:  Attorney
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We are currently leasing a property that has just been

Customer Question

We are currently leasing a property that has just been foreclosed on. Is it within the legal rights of the bank to demand we leave within 30 days with a current lease?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

What state is the property located in?

Customer: replied 1 year ago.
Florida
Customer: replied 1 year ago.
I was under the impression that because of the law passed by Obama in 2009, we would be protected and the lease would have to be upheld or, worse case we would be given 90 days to vacate if the new buyer was obtaining property as a residence not a business.
Expert:  Lucy, Esq. replied 1 year ago.

Thank you.

I'm sorry to say, the federal Protecting Tenants at Foreclosure act expired at the end of 2014 and has not yet been extended. There were four bills introduced last year, but none of them became the law. That means Florida state law prevails, and under Florida law, a lease terminates at foreclosure. They're not even required to give you 30 days notice to vacate the property.

Expert:  Lucy, Esq. replied 1 year ago.

You do have the ability to sue your landlord for your costs associated with having to move, since the lease obligated him to give you a place to live for the entire term of the lease, and he breached that by allowing the property to be foreclosed. You can also sue him for the return of your security deposit, if you gave one.

Customer: replied 1 year ago.
They are not in the country. They abandoned everything here. I don't know how we could do that.
Expert:  Lucy, Esq. replied 1 year ago.

I'm sorry to hear that. You're allowed to sue them in Florida, but it would be difficult to collect a judgment unless they return at some point. A judgment in Florida can be renewed forever, but I know that may not be all that helpful in your situation.

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