Selling My Property With A Tenant In Palm Beach
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FAQ
Generally, the landlord owns the home and can sell the property any time they want. From the tenant's perspective, they have the right to live in the property, even if there is a new owner, for as long as the lease is still in effect.
Remember, Florida Landlord Tenant Law does not cancel your lease agreement upon the sale of your property and the new owner is bound to fulfill this lease agreement unless your lease states otherwise.
They can sell the house, and they can delegate someone else to be the 'owner' of the lease, but they can't terminate the lease. The lease stays with the property. The new landlords don't have to renew the lease when it's up, but they have to honor this original lease.
The landlord cannot make the late penalty too high, he cannot include provisions that make you forfeit your personal property without going to court, nor can he throw you out without going to court for nonpayment of rent. These are illegal provisions and will not be recognized by the courts.
In Florida, if you have a month-to-month lease and your landlord wants to sell, they are legally required to give you a written notice of at least 15 days before the end of your rental period. This means they can't just spring a move-out date on you. Let's say your rent is due on the first of every month.
Right to Stay in the Florida Residence If the new owner does not intend to make the property his or her residence, then he or she must allow the tenants to continue to live there for the duration of the lease. If the tenants do not have a lease, the new owner must give them 90 days to vacate the property.