[RPPTL Leasing Committee] 83.5615 Protecting Tenants at Foreclosure Act

[RPPTL Real Estate Leasing Committee]

Hi Kris,

I would give them the 90 day notice and in the meantime proceed with the unlawful detainer action. If you're wrong about the unlawful detainer, no harm no foul as there is no prevailing party attorney's fees.

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Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm, P.A.
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www.thebentleylawfirm.com<http://www.thebentleylawfirm.com/>

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Monday, July 19, 2021 10:02 AM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] 83.5615 Protecting Tenants at Foreclosure Act

My client (a private investor) purchased property at the mortgage foreclosure sale.  There are occupants in the property other than the owner.  My client, who purchased the property at the mortgage foreclosure sale, told me they squatters.  Sao, I filed an unlawful detainer action.

The occupants filed an answer stating they are tenants of the prior owner who was the subject of the foreclosure sale and they are covered by the Florida Protecting Tenants at Foreclosure Act..

I don't know what they are, other than their assertion.  So, I either go ahead and give them the 90 day notice that is required by the F.S., or I proceed with the unlawful detainer.  If I don't give them the 90 day notice now and they are tenants, then I've lost valuable time.

If I simply go ahead and give them the 90 notice now and they aren't tenants, then I've wasted my client's time.

In the meantime, they aren't [paying rent to my client and I doubt they are paying rent to the prior owner.

Anyone have any suggestions?



Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL  33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)


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