If my parents are renting and theHOA is trying to foreclose on the owner for dues, what are their rights?

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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 10 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.


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