NEW LAWS FOR TENANTS RENTING HOUSING IN FORECLOSURE - MUST READ
In addition to my previous post a new law has been passed!
So the answer to the following questions has changed!
Can the New Owner Force me To Move?
Sometimes the new owner will schedule a hearing to ask the Judge for the Writ of Possession. If you are still living in the property and the new owner schedules a hearing asking for a Writ of Possession, it is very important that you attend the hearing so you can tell the Judge how much time you will need in order to move out.
But wait! There’s some good news!
A new federal law gives special protections to most tenants in foreclosed properties. If the foreclosure occurs after May 20, 2009, you are entitled to at least ninety days notice to vacate. If you signed a valid lease before there was a notice of foreclosure, the new owner must honor that lease until the end of its term.
After The Property Is Sold To A New Owner, Must I Pay Rent To The Old Landlord?
No. After the property is sold at the foreclosure sale, don’t pay rent to the old landlord.
What Should I Do If The New Owner Asks Me If I Want To Stay?
Sometimes, the new owner will ask if you want to keep living in the property. If this happens, must make sure the person who contacts you is really the new owner. You should ask for proof that she/he is the new owner before you pay any rent to him. If you cannot reach an agreement, the new owner cannot force you out by changing the locks or turning off the utilities.
Gulfcoast Legal Services, Inc
430 12th Street West
Bradenton, Florida 32405
(941) 746-6151
So the answer to the following questions has changed!
Can the New Owner Force me To Move?
Sometimes the new owner will schedule a hearing to ask the Judge for the Writ of Possession. If you are still living in the property and the new owner schedules a hearing asking for a Writ of Possession, it is very important that you attend the hearing so you can tell the Judge how much time you will need in order to move out.
But wait! There’s some good news!
A new federal law gives special protections to most tenants in foreclosed properties. If the foreclosure occurs after May 20, 2009, you are entitled to at least ninety days notice to vacate. If you signed a valid lease before there was a notice of foreclosure, the new owner must honor that lease until the end of its term.
After The Property Is Sold To A New Owner, Must I Pay Rent To The Old Landlord?
No. After the property is sold at the foreclosure sale, don’t pay rent to the old landlord.
What Should I Do If The New Owner Asks Me If I Want To Stay?
Sometimes, the new owner will ask if you want to keep living in the property. If this happens, must make sure the person who contacts you is really the new owner. You should ask for proof that she/he is the new owner before you pay any rent to him. If you cannot reach an agreement, the new owner cannot force you out by changing the locks or turning off the utilities.
Gulfcoast Legal Services, Inc
430 12th Street West
Bradenton, Florida 32405
(941) 746-6151
Comment
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Comment by Christine Keyworth on May 30, 2009 at 9:23pm
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Great article Dawn Marie. I wanted to mention the Cash for Keys program that is in place for the tenant in a foreclosed house.
Cash for keys is a way for homeowners in foreclosure -- or for tenants who are victims of foreclosure -- to receive cash in exchange for surrendering the keys and vacating. Banks generally reach an agreement with the occupants of a foreclosed home, which stipulates the home will be left in good condition and cleaned. The agreements typically set forth a specific date that the home will be left vacant.
http://budurl.com/mxzp
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