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But with so many renters getting tossed out, Congress changed the rules in May. The Protecting Tenants at Foreclosure Act says renters must be given at least 90 days to leave. In some cases, renters can stay even until their lease expires.
Good news for tenants...I'm a LL and already gave my tenants a signed paper stating I have no mortgage so I can't fail on it!
I wish criminal charges would have been added to this bill if a LL would rent out a place while not having paid the mortgage, because that is basically scamming the tenant....on the other hand a tenant who doesn't pay or is vandalizing the property should be easier be evicted.
That's great news! I personally know of at least three people who have dealt with a landlord in foreclosure and have had to move with very little notice--in one case they ahd less than three days notice on a house they had been renting for three years and they had two large dogs--try to find a rental under those circumstances...
That's great news! I personally know of at least three people who have dealt with a landlord in foreclosure and have had to move with very little notice--in one case they ahd less than three days notice on a house they had been renting for three years and they had two large dogs--try to find a rental under those circumstances...
That isn't possible in Fl....but some people "forget" that they got served with foreclosure papers...tenants get served at the property at the same time the LL is served, so a tenant knows what is going on, but some are in denial or just lie since they have stopped paying the rent and vanish....not everything is as people tell you.
Bentlebee is right. Tenants are named in the foreclosure lawsuit, and are served the papers accordingly. It's no surprise. When they get the notice, it's at that point their right to "quiet use and enjoyment" of the property has been disrupted, so they can break their lease. I've seen it on several occasions. Sure, it's extra stress on the tenant, but they're given notice. And, when foreclosures are taking 6 months or more past the date of the initial filing, there's just no excuse for a tenant to not find other housing. JMHO.
Bentlebee is right. Tenants are named in the foreclosure lawsuit, and are served the papers accordingly. It's no surprise. When they get the notice, it's at that point their right to "quiet use and enjoyment" of the property has been disrupted, so they can break their lease. I've seen it on several occasions. Sure, it's extra stress on the tenant, but they're given notice. And, when foreclosures are taking 6 months or more past the date of the initial filing, there's just no excuse for a tenant to not find other housing. JMHO.
Doesn't the sob story of a tenant being evicted and not knowing the home was in foreclsoure, sounds better to a tenant than telling how the true story is....
Everybody get's served over here so no surprises...is it fun, no of course not.
I had a tenant asking me if I was in foreclosure and more of these questions...I already had a NSF check from him with many sob stories and another 2 times late payments....I gave him a signed paper stating I didn't even had a mortgage on the home...next thing he did..vanishing over night on the last day of the year and he didn't pay last months rent and of course I kept the sec. deposit + I went to court to get a judgment against him and I got it, so even though it cost me some money he will face the judgment every time a background check comes up for him and his wife...
He also stated that friends of him were evicted within 24 hours without knowing anything before, I told him that was impossible...and see what he did next....don't listen to sob stories and charge high late fees that is the best thing to do.
Not all LL are bad people neither are tenants, but to avoid being played I charge high fees and they know upfront.
That isn't possible in Fl....but some people "forget" that they got served with foreclosure papers...tenants get served at the property at the same time the LL is served, so a tenant knows what is going on, but some are in denial or just lie since they have stopped paying the rent and vanish....not everything is as people tell you.
The landlord lived next door, and they think that the landlord took the notice off the door while they were at work so they would continue to pay him rent. They have no reason to lie. Unfortunately they were just served at their new rental late last week, and will have to move again. I think this time they are just going to try to buy a place using the first time buyers program and a small inheritance they just received. The good news is that they've got six months left on thier lease, plenty of time to find and buy a place.
I think this time they are just going to try to buy a place using the first time buyers program and a small inheritance they just received. The good news is that they've got six months left on thier lease, plenty of time to find and buy a place.
If they're gonna try to take advantage of the $8k tax credit, they need to CLOSE on their purchase before Dec 1. Ya might wanna let 'em know that.
So lets make it criminal, by starting a petition and getting it to congress/ white house, etc.
I think someone more legally versed than me should start it, but I am willing, as I find myself a victim of this ever growing problem and i do not like to be a statistic.
Another note for tenants: My situation, we moved in 3 months ago only to find the place is in foreclosure and to make matters worse we may not be protected under the new 90 days as it is a mobile home, our lawyer still looking into it, and we are on a month to month and less than a year.
We are taking the offense and taking the LL to court!!! for breach of contract and rent skimming, moving expenses and other stuff including pain and suffering. ALL tenants going though a similar situation should as well!!! who cares whether you win or loose, it will be making a statement and taking action and you probably will win something as judges wont be to happy with LL who abuse tenants to the point of criminal acts (if there were laws to enforce). TAKE ACTION, Dont be a victim!!!!!
Feel free to email me and i will keep this posted as the results come in.
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LL criminal act bill -Lets get it passed!!!
