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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.