Foreclosure in Miami>Question Details

Javier, Renter in Miami, FL

I live in a house that has been short sale. The new owner says I have to leave the day of the closing. I have no lease contract. Is this true? Time?

Asked by Javier, Miami, FL Thu Feb 16, 2012

Is there any law that protects the tenant? I'm having a hard time finding a home.

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Answers

10
Well you should leave, as you have no lease & the house is being sold to new owners. Start looking for a rental now, so you can avoid this whole issue. It's the right thing to do.
0 votes Comment Flag Mon Mar 26, 2012
Javier,

Your landlord, sounds like, informed you about the closing informally.
If you go see an attorney, he will probably tell you that the landlord was supposed to let you know in advance, in accordance with the Florida Landlord Tenant Act. By the way, when signing a new lease on your new place, ask your realtor to provide you a copy of this Act, so you know your rights, for the future. If you can, go see a pro bono attorney (free) and/or legal services (also free for qualified tenants).

If you can't do above, but can move out right away, do so (so you don't have to spend money on an attorney and moving at the same time). If not, go see an attorney and you'll probably get at least 30 days extension, if your case presented correctly.

Best of Luck,

Irina Karan
Beachfront Realty, Inc.
IrinaKaran@gmail.com
0 votes Comment Flag Sun Mar 25, 2012
Hi Javier,

I' m sorry to hear about your situation. However, this is true.. By not having a lease in place your are considered a "Tenancy at Sufferance" Which means person who has a no lease or has stayed in the property after their lease has expired without a renewal... With no lease in place, the tenant at sufferance may be ejected from the property any time the property owner decides to do so.

An ejection process is not the same as an eviction but is similar.

If you are concerned about your right as a tenant, you should consult a real estate attorney to advise you of your rights.

But, at the end of the day you will have to leave the property. So, don’t stop looking and if you need help to find another property to rent, I can assist you.

Good luck Javier,
Stephanie Leon
786-664-7710
info@sellingmiamilakes.com
0 votes Comment Flag Mon Feb 27, 2012
Sadly, Javier, You will have to move within 30 days of closing, especially if there is no contract. However it would be prudent to contact a real estate attorney as mentioned below. Best of luck finding a new home.
0 votes Comment Flag Tue Feb 21, 2012
Good Morning Javier,

What you will want to do without a doubt is contact a real estate attorney that let you know what your rights are as a tenant and the steps you will need to take in this situation. While the law does offer you protections, only an attorney can give you the proper advice and protection to ensure that the current owner and the new owner abide by the laws. If you have a deposit with the current owner, you will want to make sure that is secured in an account that when the sale closes you will get your deposits back. Now that you are aware of this you will want to contact the attorney right away so that the current owner is contacted and adsivsed of your rights.

Lila Lopez
RE/MAX Advance Realty
305-772-2521
0 votes Comment Flag Fri Feb 17, 2012
Javier,

Like all my colleagues says.
Eventually you have to move since you don't have a contract.
They will have to notify you and return you $xxx deposit you gave to the previous owner.

But they is some rules that apply to the previous owner or the new one.

In this case 30 days before the closing the owner have to ask you to move out since you are without contract.

Other different than that you should contact a real estate attorney.

If you are looking in southwest area give me a call I can help you with that.
Web Reference: http://www.soldbuyrent.com
0 votes Comment Flag Fri Feb 17, 2012
You are are currently in a position know as "tenant in sufferance", this basically means that you do not have a lease or other written instrument in place to protect you. With that said the landlord may provide you with a notice to vacate on short notice. I am assuming that you are paying on a month to month, if that is the case then I believe they must provide you a minimum of 15 days notice to vacate. You best bet is to review the Florida Landlord Tenant Act, you will find your answer in Part II of the Act (Residential Tenancy) Section 83.57 reads as follows:

83.57 Termination of tenancy without specific term.--A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:

(1) When the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual period;

(2) When the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any quarterly period;

(3) When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

(4) When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.

I copied and pasted this directly from:
http://archive.flsenate.gov/Welcome/index.cfm?CFID=21624110&…

Overall, you most certainly want to start looking for a new home. If you are looking in the South Florida area take a look at our website, to conduct you own personal search: http://www.miamirentseekers.com
Web Reference: http://miamirentseekers.com
0 votes Comment Flag Thu Feb 16, 2012
You don't have a lease. That's what protects you. Why not start looking for a new home now? It's the right thing to do.
0 votes Comment Flag Thu Feb 16, 2012
Javier, if you have not lease you have 7 days to vacate property.
0 votes Comment Flag Thu Feb 16, 2012
Hi Javier, if you had a lease you would have had some protection and time to move. Unless the new owner is looking for a tenant, you'll have to move out and find a new home. The owner should be able to provide you with at least 30 days to move which is a typical time frame once the Owner/Seller receives written approval. Best to you. Regards, Lynn Pineda
0 votes Comment Flag Thu Feb 16, 2012
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