If you in fact have a fully executed lease, than should the property convey during the term of your lease, the term/remainder of your lease must be honored. Many times, the buyer of the short sale property with a lease in place will aske the tenant to vacate prior to the end of the lease, but in turn, the tenant will be compensated.
Best of Luck,
James DeMaria, Realtor
â€œFort Lauderdale Beach Condo Specialistâ€
Lago Mar Realty, Inc.
By law the lease prevails new ownership. I am guessing you do have a lease. When the lease is up, if the property has not sold then the seller may allow you to stay on a month to month basis.
All the best,
Galleria international Realty
Cell (954) 648-7334
The information provided to you here is very valuable, but you will also want to consider getting an attorney to properly secure your rights, not just on your occupancy, but also as it relates the the rental deposit funds you gave the owner when you rented the property. Depending on when you rented the home and the bank filed for the foreclosure, they may not be aware that you are residing in the home and you would then miss being properly notified of the process of the foreclosure. Please keep in mind, that while a short sale may be proceeding forward with a lender, there is also the foreclosure department that is doing their job as it relates to the foreclosure. It is not unheard of for the two departments not to communicate with each other.
My strongest suggestion is to get proper legal counsel from an attorney that specializes in this area. Good luck.
RE/MAX Advance Realt
Sorry you weren't aware of the property being in Pre-Foreclosure.
You have certain rights as a tenant and you can find the Florida Landlord/Tenant laws here:
As far as the landlord gaining access to allow showings, see here:
The 2011 Florida Statutes
CIVIL PRACTICE AND PROCEDURE Chapter 83
LANDLORD AND TENANT View Entire Chapter
83.53â€ƒLandlordâ€™s access to dwelling unit.â€”
(1)â€ƒThe tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2)â€ƒThe landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. â€œReasonable noticeâ€ for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:
(a)â€ƒWith the consent of the tenant;
(b)â€ƒIn case of emergency;
(c)â€ƒWhen the tenant unreasonably withholds consent; or
(d)â€ƒIf the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.
(3)â€ƒThe landlord shall not abuse the right of access nor use it to harass the tenant.
Also if you live in a condo association or HOA and the owner is not current with paying his asessments, it's possible the HOA/Condo will require you to pay your monthly rent money directly to them.
Hope this helps.
All the best,
If you have a lease the lease should prevail. Short sales typically take a long time to complete. Many short sales are being purchased by investors who would be happy to have a good tenant in place when the sale actually closes.
Perhaps you can have a Realtor of your choice speak with the Realtor for the owner, and inquire about the possibility of purchasing it for yourself. You should be able to get a good deal and you won't have to pack up and move out.
Good luck to you.