Kissimmee, FL asked in Landlord - Tenant, Foreclosure and Real Estate Law for Florida

Q: How to get relocation funds as a tenant of auctioned property in Florida?

I have been living in a mortgaged property for five years, receiving mail and maintaining the place, but there is no formal lease agreement. The property is set to be auctioned on April 14, and the mortgage company has referred to me as an "unknown tenant in possession" regarding the outcome of hearings. I haven't received an eviction notice, only the auction notice, and I am not aware of any programs for relocation assistance in this situation. How can I obtain relocation funds under these circumstances?

2 Lawyer Answers

A: There is no such thing as a relocation fund for you. When the house is sold, the new owner will be entitled to a writ of possession (no eviction notice needed); the sheriff will serve it and you will be escorted off the property (and not be allowed to return unless you strike a deal with the new owner). I urge you to gather your belongings now and find a new place to live before that happens.

Terrence H Thorgaard agrees with this answer

James Clifton
PREMIUM
Answered

A: The assistance you are looking for is commonly known as cash for keys. There is no guarantee that you will receive it. However, your tenancy is protected under the Protecting Tenants At Foreclosure Act. If you have a written lease, it will be able to stay until the end of the lease term if you continue to pay rent. If you do not have a written lease, you will be able to stay for 90 days after foreclosure if you continue to pay rent. Schedule a free consultation once the foreclosure is finalized to help figure out your next steps.

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