If you have purchased a property at a foreclosure sale and wanted the tenant to vacate, there are a few things that you need to do. The information provided below is to give you a general idea of the eviction process in Florida within the legal boundaries. However, getting advice from The Eviction Law Firm can expedite the process and prevent mistakes that can take the case longer than it should.
Step 1: Written Notice
Laws of evictions in Florida changed in July 2015, and since then, the lender has to provide at least thirty days to the tenants to vacate the property. Once the foreclosure sale takes place, the new owner must inform the tenant that they can no longer live on the property. However, to make it legal, the procedure starts by formally sending a notice to vacate the property within 30 days.
Although, a tenant doesn’t receive the benefit of the statute if the tenant is:
• The mortgagor or is the spouse, child, or parent of the subject foreclosure
• The rental agreement is not a result of an arm’s length transaction
• The rental agreement allows the tenant to give rent that is considerably less than the fair market rent unless reduced due to state, federal or local law
Step 2: Writ of Possession
Once you have provided the appropriate notice, the tenant will have to vacate the property within 30 days (as per the law). However, if the tenant does not leave the property by the end of the thirty days, the property owner can apply for a writ of possession at court. The writ of possession will be served on the tenant by the office of sheriff. Once it’s done, the tenant will have 24 hours to leave the property. According to this statute, the landlord, agent of the landlord or the sheriff will not be liable to any damage that occurs to the property after it is removed.
Step 3: Take Over
Once the writ is served, and the tenant has left the property within 24 hours, you will be given the possession. You will then be free to conduct a thorough inspection of the property or take over. Though it seems a simple process, please make sure to get the advice from our eviction lawyer because the whole process can be complicated depending on the rules that apply to the type of tenant.
Over to You:
These are the typical steps that you need to go through if you want to remove the tenant after a foreclosure sale. However, due to various legal variables, the process may not be the same for everyone. Our eviction lawyer firm can help you go through the whole process smoothly. Please also note that the information provided above is applied to the laws of evictions in Florida, so if you are in a different state, please refer to the laws of your respective state.
Eviction Law Firm – Remove Unwanted Tenants
After a Foreclosure Sale, give us a call at 877-573-8428