Do we have to move out while new owners renovate? No place to go

UPDATED: Sep 30, 2022

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Do we have to move out while new owners renovate? No place to go

Rented house for 25 years, landlord MIA, foreclosed and house sold at auction.
New owners, real estate rental company, said we could stay and rent from them but
first must move out for about 45 days for renovation. We will need to pay 1000 pet
deposit, first and last month rent all about 3100 to move back in. We have no
place to go for that amount of time. haven’t signed a lease yet and cannot afford to
pay to move, pay fees and rent someplace for short term. Do we have any rights?

Asked on April 11, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, in this case, you don't have any rights. Had owner 1 sold to owner 2, you'd have the same rights against owner 2 as you'd had vs. owner 1: that is, owner 2 would buy the home subject to the same lease (oral or written) you'd had with 1, since that's what 1 possessed and could sell: a home with tenants with a certain lease.
But a foreclosure is different: when the property is foreclosed upon, it terminated all rights of owner 1, including the rights which he, as the owner, gave you to live there--that is, it terminated your tenancy, too. The foreclosure wipes out all other rights, including tenant rights, to the property, and owner 2 buys it as a clean slate. You no longer have any right to stay there, and owner 2 can remove you at will; if you want to stay there, it will be on owner 2's terms, including living elsewhere for around 45 days. 
If you do enter into an agreement--i.e. a lease--with 2, get it in writing; then you can enforce whatever terms you agreed to with him/her.

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 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.

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