Short Sale

[Ytzhak]

What is the name of your state (only U.S. law)? Florida

I am currently living in a house that is going through the short sale process. I was told by a phone call by the owner of the property that I had to be out after 2 and a half weeks. Someone I know called the real estate posing as a prospective buyer agent and the agent told her there was no close on the property until at least a month later. My brother who also lives here called the agent to ask her when we had to be out of the property said the property had closed and we needed to be out soon. A few mins later my brother received a call from the owner of the property stating that he should not call the real estate agent because they are not legal people and it makes them uncomfortable. The whole thing seemed rather odd so I went to the Tax appraisers office at the county building and the title of the property had not changed as we had been told. It seems the owner of the property wants us out so once this "contract" goes through if it does it makes it easier on him and if it fails the house is empty and easier to show. What can I do about this? I have not had time to pack my stuff and the owner says the new owner can come change the locks and they don't know what will happen to my stuff.

 

[Gail in Georgia]

What can you do about this? Educate yourself regarding a tenants situation when a home is sold.

If you have a lease in place, the lease rolls over to the new owner and remains in effect until it would normally expire. If the new owner wishes to move into the unit, they can offer to "buy" you out; i.e., offer a cash for keys deal; there is nothing that says you have to accept this.

If you do not have a lease then the normal steps to terminate such a lease can be undertaken, either by the current owner (since it does not appear that the house has been sold) or the new owner.

I suspect you do have a lease or it is unlikely that the current owner would go through such sneaky steps to get you out.

Because a short sale requires both the approval of the current owner AND the institution holding the mortgage (and because it involves offers that are less than the current mortgage on the unit) they typically take far longer to close.

Gail

P.S. You can also, if you wish, agree to move out with the current owner IF they offer to pay your moving costs and your costs of finding a new place to live.

 

[Ytzhak]

I don't have a lease.

 

[nextwife]

Have you been given written, legal notice in accordance with your state's landlord/tenant laws? You'd need to be out 30 days after that.

 

[reenzz]

Actually, on a month to month tenancy, Florida law only requires a 15 day notice to vacate.

 

[justalayman]

Actually, on a month to month tenancy, Florida law only requires a 15 day notice to vacate.

83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;
(3) When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and
(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.

so, you or the landlord can terminate the tenancy in as little as 15 days by giving you written notice. If you do not leave by that time, he can evict you.

While the notice you were given is not legally enforceable since it was not written, since a valid notice requires only 15 days, I would plan on your tenancy ending quite shortly regardless of what the sale process is going through.

I would plan on moving shortly.



and no, the new owner cannot come in and change the locks, at least without giving you a key.

 

[ecmst12]

No, no one can change the locks without a court ordered eviction. But you do need to hustle and get packed and find a new place if you don't want an eviction on your record.

 

[Ytzhak]

Update

UPDATE

The owner of the property was paying utilities as part of me living there. While I was away at my drill weekend (US Army) he turned off the power and water to force me out. My food in the fridge went bad and I came back and had to move all my stuff because I could not live without power or water.

I am not staying at my mothers which is not going well because she is mentally unstable. After serving in the military for awhile it is rather embarrassing. I've been short on funds and time since I decided to go back to school.