Home » Latest Articles » Can a Tenant Break their Lease if the Rental Property goes into Foreclosure

Can a Tenant Break their Lease if the Rental Property goes into Foreclosure

ByRoberto Vazquez

This question used to come up quite often in the early days of the foreclosure boom; however, the courts put this question to bed a long time ago. If the only issue is the pending foreclosure, the tenant does not have the right to unilaterally terminate the lease agreement. Additionally, the tenant is required to continue paying rent. In fact, if the tenant stops paying rent, they will no longer be considered “bona fide” tenants under the Federal Protecting Tenant at Foreclosure Act. This Act generally provides bona fide tenants with an additional 90 days to stay in the rental property after the foreclosure auction.

Whether you’re a landlord or a tenant, if you have any questions regarding your rights under a lease agreement, we can help! We can consider your situation and help you determine your rights. Contact us today at (407) 904-9166 for a consultation to discuss your specific situation.

Related Articles

  • Appealing an Unlawful Detainer in Florida

    What is an Unlawful Detainer in Florida? An unlawful detainer is a court process that assists homeowners, property owners, or other legally positioned people in obtaining court help to remove someone from their property.  For example, if you have a tenant, you would evict them if they weren’t paying rent or were otherwise a less-than-desirable…

  • Can a Landlord Increase Rent during the Lease Term?

    Generally speaking, the lease terms cannot be unilaterally changed before the lease expires. However, when the lease is up for renewal, either of the parties may choose not to renew, or to change the terms. If the lease is month to month, each month is a new lease. Therefore the landlord may change the terms…

  • How do I Evict a Tenant that has an Oral Lease Agreement?

    You should never have a verbal lease agreement with a tenant. It just leads to problems down the road. However, if you are in that situation, it depends on how often rent is paid. Section 83.46(2) of the Florida Statutes states: If the rental agreement contains no provision as to duration of the tenancy, the…

  • Do You Need to Update You Residential Lease Agreement?

    As of July 1, 2013, Chapter 83, Part II of the Florida Statutes was substantially revised. Chapter 83 is the section that governs landlord-tenant relations. Part II deals with residential as opposed to commercial leases. As part of the revision to this law, there are certain notices and disclosures that are required to be in…

  • Eviction vs. Ejectment:

    Picking the Correct Procedure for Possession of Real Property There are many differences between evictions and ejectments in Florida; however, for the purposes of this article I will stick to the main differences. An eviction is a lawsuit where you are asking the court for possession of a rental property. Evictions are governed by Chapter…