I rented a home that I just discovered is being foreclosed. Can I be evicted without notice?

With the increase in the number of foreclosures, this is a common question. There have been many instances of unsuspecting renters who sign year-long leases, and suddenly are forced out of the home by a new home owner. In order to curb this problem, the Federal Government enacted the Protecting Tenants at Foreclosure Act of 2009 (“PTFA”). The PTFA provides protection to individuals with a “bona fide tenancy”, and requires a 90 day notice before evicting the tenant from the property. Protecting Tenants at Foreclosure Act of 2009 (Pub. L. No. 111-22, Div. A, Title VII, 123 Stat. 1632, 1660-62 (2009)). In addition, the PTFA provides that if the tenant has a “bona fide” lease, the tenant may be permitted to stay in the property for the term of the lease. Id. While the PTFA is a Federal Law protecting the tenants rights, it is important to note that state law is still in effect. Landlords and tenants must still abide by Florida Tenant and Landlord law and, for example, tenants are still required to pay rent timely and may be evicted for nonpayment.

Danielle can be reached at [email protected]

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