As set forth by law passed 5/20/2009 titled “Protecting Tenants at Foreclosure Act of 2009”, does the 90 day notice to tenants to vacate a month to month rental in foreclosure apply to the owner of the property who has not yet been foreclosed by her bank? In other words, is the owner required to provide her month to month tenant 90 days notice to vacate the property?
No. For example, if you have a tenant under a lease, you need to follow the default provisions under your lease. The 90 day requirement is between the lender who takes back the property after foreclosure and any existing tenant.
David Labovitz
Labovitz Law Firm, P.A.
1216 W. Washington St.
Orlando, FL 32805
No. The act does not apply to leases where the owner has not been foreclosed.
Alan Wagner
Wagner, Vaughan & McLaughlin, P.A.
601 Bayshore Boulevard; Suite 910
Tampa, FL 33606
No. But if you have a valid lease, and your landlord breaks it, you may be entitled to damages. Regards,
Lesly Longa
Longa Law P.A.
511 W Bay Street, Suite 350
Tampa, 33606