How to evict an occupant of a foreclosedcondo?

The condo I bought from bank, is a foreclosed recently. The occupant is not previous owner. He is not a tenant, as he does not has HOA’s approval as requested. Not sure if he pay any rent to previous owner, he pays electricity. Does he covered by the Protecting Tanant on Foreclosure Act?

Asked on September 13, 2012 under Real Estate Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

President Obama's "Protecting Tenants at Foreclosure Act of 2009" provides that if there is a tenant with a valid lease that lease survives a foreclosure. AThat means that atenant could stay at least until the end of the lease, and month-to-month tenants would be entitled to 90 days' notice before having to move out.

There is an exception to this rule: any buyer who intends to live on the property may terminate a lease with 90 days' notice. But the law provides that any state legislation that gives tenants more time will be the governing law so check with your state law on the matter as well.  He should not be paying rent to the old owner and you should not accept his rent unless and until you determine his status and figure out what you need to do with an attorney.  Good luck.

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