- Q?I was Just Served Forclosure papers What do I do?
A.First and foremost Rent still must be paid. The foreclosure will still take quite some time for it to be completed. We have seen this process take from 2 months to many years. The foreclosure has no bearing on the lease that you have concerning paying rent. Any concerns that a tenant has should be addressed to their legal counsel. The tenant is not required to hire an Attorney. This should be done if the tenant feels that they have any legal questions or concerns.
Questions regarding renting a property that is in foreclosure or concerns for a property that could go into foreclosure
The federal Protecting Tenants at Foreclosure Act of 2009 applies to all foreclosures of residential property after May 10, 2009. This law provides that bona fide tenants who entered into a lease agreement before the foreclosure case was filed are entitled to stay in their home until the end of the lease term.
All bona fide tenants, including those with oral leases, month to month tenancies or lease agreements they entered into after a foreclosure case was filed, are entitled to 90 days notice before they may be evicted from the property.
If subsequent purchasers of the property at the foreclosure choose to use it as their primary residence, they may terminate a lease agreement early. The new owners however, must still provide the tenants with the 90-day notice.
- Q?I am just a tenant and I am not following the rules of the HOA?
A.A Homeowners Association(HOA) is designed to protect the common concerns and welfare of the entire community. The State of Florida has given the HOA a lot of power to enforce the rules and regulations of the community. A tenant is required to abide by all these requirements. Generally when a tenant violates these rules a notice from the HOA will be sent to the Landlord. The Landlord will then notify the tenant by using the Seven Day Notice with Right to Cure. The Tenant then has seven days in which to comply with the notice and start obeying the rules. Should the tenant not comply within the time set forth on the notice then the eviction process will be started.
- Q?I was just told that I am supposed to pay my rent to the Association?
A.A Homeowners Association(HOA) is designed to protect the common concerns and welfare of the entire community. The State of Florida has given the HOA a lot of power to enforce the rules and regulations of the community.
In some cases the tenant may receive notice from the HOA that the owner is not paying the HOA dues. In this case the HOA does have the right to ask the tenant to send them the rent until the dues are brought current. In the event that this takes place notify FPME immediately at (352) 241-7000.
- Q?I Received a Three Day Notice, What is it? and What must I do?
A.The Three Day Notice is the first step in the eviction process. FPME serves this in one of two ways.
1. In person, a representative of FPME will give the document to the tenant.
2. By placing the document on the door to the leased premises.
Either of these starts the clock to giving fair warning of a future eviction. The notice tells the tenant to either pay the rent within three days or vacate the premises within three days. The three day notice will demand the amount of rent due as of the time the notice is delivered. The tenant then has three options to choose from.
1. Call the FPME office at (352) 241-7000 informing them that the rent as demanded on the notice will be paid within three days.
2. Call the FPME office at (352) 241-7000 informing them that you will move out of the premises within three days.
3. Do nothing and wait for the eviction process to begin.
- Q?Can I pay a partial Payment after receiving a three day notice?
A.FPME does not accept partial payment after you have served a three day notice. However, we will accept rent if the amount tendered is the full amount that was demanded on the notice.
- Q?I have received a “7 Day Notice with right to cure” What is this about?
A.There are times when a violation of the lease, or of the Home Owner Association regulations or city, county or state laws are violated. These can include such things as, having the unauthorized occupant, unauthorized pet, excessive noise disturbances or simply having trash cans in the wrong spot. There are many noncompliances that the tenant will engage in, necessitating FPME to serve the Seven Day Notice to Cure. This notice gives the tenant seven days to either start doing something he is supposed to do, or stop doing something he is not supposed to be doing, or else the landlord may have a right to terminate the tenancy and begin an eviction if the tenant fails to vacate.