If my parents are renting and theHOA is trying to foreclose on the owner for dues, what are their rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my parents are renting and theHOA is trying to foreclose on the owner for dues, what are their rights?
Asked on October 4, 2011 under Real Estate Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Under federal law, when a home goes into foreclosure tenants who have a written lease can continue to occupy the home until the end of the lease period, or 90 days, whichever is longer (the exception being if the new owner intends to move in and occupy the home as their primary residence; in that case a 90 day notice to move would apply). Those tenants with a month-to-month lease, or no lease at all, have to be given at least 90 days notice to move.
Note: A tenant should be notified by the mortgage lender as to the transfer date of the property. After such time, the landlord will no longer be the legal owner. The tenant should then be informed where to send their rental payments.
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.