I am renting a property & just found out that it is up for a short sale. Can the buyer have me removed by law or are they required to honor the?

Asked by Crissy, Fort Lauderdale, FL Fri Oct 28, 2011


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James DeMar…, Agent, Fort Lauderdale, FL
Fri Oct 28, 2011
You are not alone in this situation, but do not fret.

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
“Fort Lauderdale Beach Condo Specialist”

Lago Mar Realty, Inc.
954.524.5069 cell
954.527.5996 office
954.527.1020 fax
2 votes
Jen Babacan, Agent, Fort Lauderdale, FL
Fri Oct 28, 2011
Hi Crissy,
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,
Jen Babacan
Galleria international Realty
Cell (954) 648-7334
2 votes
Lila Lopez, Agent, South Miami, FL
Sat Oct 29, 2011
Good Afternoon Crissy,

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.

Lila Lopez
RE/MAX Advance Realt
1 vote
Jennifer Mu's…, Agent, Arcadia, CA
Fri Oct 28, 2011
They are required to honor the lease. It makes no difference whether the original owner keeps the property or someone else buys it in a short sale. Your lease gives you specific rights to inhabit the property regardless of the identity of the owner.
Web Reference:  http://JenniferMu.com
1 vote
Alma Kee, Agent, Tampa, FL
Fri Oct 28, 2011
Hi Crissy,

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

Title VI

83.53 Landlord’s access to dwelling unit.—
(1) The 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) The 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. “Reasonable notice” 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) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If 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) The 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,
1 vote
, ,
Fri Oct 28, 2011
I believe Jen and james are correct on that. Don't be late on the payments though.
1 vote
Nadine Mauro, Agent, Lake Worth, FL
Fri Oct 28, 2011
Hi Crissy,

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.
Nadine Mauro
Highlight Realty
1 vote
Lori Williams, Agent, Charlotte, NC
Fri Oct 28, 2011
You need to talk to some one in your state because laws may be different there. Here in NC the renter is protected if they have a lease. If you don't have a lease the buyer can expect you to move out at end of month. With a lease with a ending date the buyer will need to let you stay until end of lease.
1 vote
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