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Re: FL-Tenant's time to vacate post-sale..

Posted by Ward-CA- on November 01, 2001 at 7:05 PM

In Reply to: Foreclosure - Tenant Info Please posted by Laura on November 01, 2001 at 11:45 AM

: Hi,
: I live in Orange county, FL, and share a house with my landlord/roomate. Recently my landlord confided that he has to sell his house since his chapter 13 was dismissed. He was told the lender can now go right to the court for a sale date since they are resuming the foreclosure. How much time from the date they file for a sale date do I have as a tenant? I'm scared and don't want to end up on the street or lose my things before I can find a place to live. Also, can he get additional time since he's trying to sell the house? Any info would be appreciated. Thanks.

=•=•=•=•=•=•=•=•=•=•=•=

Laura, federal bankruptcy rules require that the sale date has to be at least 10 days after the relief from automatic stay has been lifted. Your post-sale time to vacate would be set by Florida statute.

Generally such statutes require that you be given notice to vacate. Here in CA, for example, a tenant is entitled to 30 days to vacate upon being served with notice. Just read your notice closely, when it comes. It should mention the time period you have to vacate before eviction would be resorted to.

Hope this helps.


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