For Rent Sarasota! Jenny Black of Sarasota, FL, is relieved by The Helping Families Save Their Homes Act of 2009!
Sarasota Renters Face Shocking, Unexpected "Foreclosure" Scam!
Jenny really enjoyed her new (rental) home…for almost a year.
Recently, she discovered her landlord was in default with an auction date set to send the property back to the bank. Jenny, naturally, came to me very upset.
“All this came out of the blue,” Jenny states. “I had no idea I was going to be kicked out. I didn’t know what to do or how much time I’d have.”
Jenny joins 1,000s of tenants paying their rent on time each month, only to discover a landlord in default.
In no instance can I think of a good reason for a landlord NOT letting the tenant know he/she/they are not paying the mortgage.
Some UNSCRUPULOUS landlords already in default (or about to default) accept (and pocket) a tenant’s money and security deposit without being upfront with the person wanting to rent the property.
I’ve seen it many times.
Recently, one particular landlord summed up what I hear often from rental property owners facing a similar loss: “To hell with others. The banks screwed us, and we’ve lost everything. We’re going to get back some of our money before they take the damn house.”
Tenants become victims!
Congress stepped in to offer help to tenants facing eviction by no fault of their own. The new law provides a 90-day notice requirement and additional protections for tenants in foreclosed properties.
Below you will find the major provisions outlined under Title VII,
Protecting Tenants at Foreclosure Act of 2009.
During the term of the lease, the tenant has a right to remain in the unit and cannot be evicted, except for actions that constitute good cause.
If the lease ends in less than 90 days, the new owner may not evict the tenant without giving the tenant at a minimum 90 days notice.
However, the new owner may terminate the tenancy if the owner will occupy the unit as a primary residence, and has provided the tenant a notice to vacate at least 90 days before the effective date of such notice. This is the only exception to the rule that the tenant may not be evicted during the term of the lease.
These provisions expire on December 31, 2012. At the end of the term of the lease, the new owner may terminate the tenancy if the new owner provides a 90-day notice.
This does not have to happen to you or someone you know. In most instances, a process server will deliver foreclosure paperwork to the property’s address as well. In other words, if you’re renting you SHOULD know if a property owner is NOT paying his mortgage.
Many real estate attorneys advise renters to pay their mortgage to the Court’s Register (in compliance with the lease agreement) or to an attorney’s trust account. According to these attorneys, the landlord will have to take legal action against the tenant and need a solid cause of action. Hmm, let’s see, the landlord NOT paying his mortgage goes in front of a judge and demands “his” rent money when he’s in default and making no effort to cure his deficiency?
I’ve known MANY renters who’ve lived “rent free” for months–MANY MONTHS. When they are forced out, they receive some satisfaction for the hassle of moving again.
What’s your experience? Have you or someone you know been forced out? Or have you been the landlord? Please scroll down & share your thoughts in the box below.
For Rent Sarasota Leaves Many Renters Facing Foreclosure Shock…unnecessarily!
