Tenants whose leased premises are being foreclosed on, now have more protections against evictions due to a recent change in Florida law.
The new law (F.S. 83.561), effective June 3, 2015, provides that buyers of a residential property at a foreclosure sale must give bona fide tenants a 30 day notice before termination of the tenants’ possession.
This new law will give unaware tenants of notice of any foreclosure before an order for possession of the premises is issued by the Court. Normally, tenants become aware of a foreclosure sale very late in the process and usually when there is no sufficient time to prepare for the consequences.
Once the purchaser provides this 30 day notice of termination of tenant’s possession, the tenant is still required to pay rent to the landlord and the landlord must comply with F.S. 83.67, which provides for prohibited practices by landlords.