What are a tenants rights in a property thats going through Foreclosure in Florida?

Foreclosure is essentially a lawsuit filed by the bank against a property owner when the owner stops paying the mortgage.  The judge overseeing the proceedings will order that the property be sold at an auction to cover the bank’s debt, and the buyer of the property will own it free and clear of any other claims.  This also means that any lease agreements held by renters will be invalid following the sale of the property.  Thus, any renters living in the house or apartment must leave, even if they have a valid lease that has not expired. 

The foreclosure process is essentially divided into three phases.  The first phase is the filing stage.  This is the period from the filing of the foreclosure lawsuit until 30 days before the auction of the property.  This phase generally lasts three to five months.  The second phase runs from 30 days prior to the auction until the auction itself.  During this period, one can file a Motion to Delay Auction to push back the date the property will be sold.  The final phase is the period after the auction and before the eviction.  A Sheriff’s Deputy will generally post an eviction notice at the property and anyone residing there (owner or tenant) will have around 48 to 72 hours to leave.  Anyone still living in the property may file a Motion to Extend Sheriff’s Execution, which could extend the time for eviction.  Assuming no extensions are granted, the entire foreclosure process lasts around four to seven months.

However, tenants in foreclosed property now can remain in the property through the end of their lease plus 90 days.  So, if a tenant’s lease expired 6 months after the auction date, the tenant could remain in the property for 6 months following the auction and then an additional 90 days after the expiration of his or her lease.  You should speak with an attorney experienced in foreclosures to determine exactly how long you can stay in your rental and what are the best steps for extending your time there.