The Federal legislation Protecting Tenants at Foreclosure Act of 2009 had a sunset provision built into it. What this does is that if it it was not specifically extended then it ended on December 31, 2014. Many laws use this method to automatically end and in general it’s a good thing. This law stated in essence that if there was an existing lease for market rate rents between the person being forclosed upon and the tenant then this would survive a foreclosure sale. There were some more caveats, ins and outs to it it but this was the essence. The point is that this is NO LONGER THE LAW.
However, in June 2015 Governor Rick Scott signed into law Florida statute, 83.561, titled “Termination of rental agreement upon foreclosure” which does NOT require the new owners to honor an existing lease agreement. However, it does require that the new owner provide any existing tenants at least thirty days to vacate the property. This law took effect July 1st 2015.
Following a foreclosure sale, only a ‘notice to terminate’ a rental agreement is needed. This notice allows the tenant to remain in the property for 30 days following receipt of same. If the tenant fails to vacate the property by the end of the 30 day period, the new owner may apply to the clerk of the court for a writ of possession. Note that the tenant must PAY RENT during this 30 day period to the new owner. The statute also prescribes the language for the 30-day notice of termination which is as follows:
“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) .”
