Florida Tenant Rights When Landlord Sells Property

Florida Tenant Rights When Landlord Sells Property: What You Need to Know

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Last Updated on December 5, 2023 by Amanda Rose

If you’re a tenant in Florida, you may be concerned about what happens to your living situation if your landlord decides to sell the property you’re renting.

Fortunately, Florida law offers some protections for tenants in this situation.

When a landlord sells a rental property, the tenant’s lease agreement remains in effect until it expires. The new owner of the property becomes the tenant’s new landlord and must honor the terms of the existing lease.

However, if the new owner intends to use the property as their primary residence, they may be able to terminate the lease with proper notice. Here are some key things to keep in mind.

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Understanding Tenant Rights and Lease Agreements

As a tenant in Florida, it’s important to understand your rights and obligations under the lease agreement. This section will provide an overview of tenant rights and lease agreements, including how they are affected by the sale of the rental property.

Sale of Property and Lease Continuation

If the landlord decides to sell the rental property, the lease agreement remains in effect until it expires. The new owner must honor the terms of the lease agreement, including the rental rate and lease term.

However, if the lease agreement is a month-to-month rental agreement, the new owner can terminate the lease with a 15-day written notice.

Notice Requirements for Tenants

Under Florida law, a landlord must provide written notice to tenants if they plan to terminate the lease agreement due to the sale of the property. The notice must be given at least 60 days before the end of the lease term. If the lease agreement is a month-to-month rental agreement, the landlord must provide a 15-day written notice.

It’s important to note that the Florida Residential Landlord Tenant Act provides additional protections for tenants, including the right to terminate the lease agreement early if the landlord fails to maintain the property or provide essential services such as hot water and heat.

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Landlord Obligations and Tenant Rights During the Sale Process

Landlord’s Responsibilities Before and After the Sale

When a landlord sells a rental property in Florida, they must provide proper notice to tenants. The landlord must give a written notice of at least 30 days before the sale is complete.

The notice should inform tenants of the sale and the new owner’s name and address. After the sale, the landlord must transfer the security deposit to the new owner. The new owner is responsible for returning the deposit at the end of the lease.

Tenant’s Rights to Privacy and Property

Tenants have the right to peaceful possession of the rental property until the end of the lease. During the sale process, the landlord or agent can show the property to potential buyers.

However, they must give proper notice to tenants before entering the rental unit. Tenants have the right to refuse entry if the notice is not given or if it is not for a valid reason.

Handling Security Deposits and Rent Payments

The landlord must handle security deposits and rent payments properly during the sale process. The landlord must transfer the security deposit to the new owner, and the new owner is responsible for returning the deposit at the end of the lease.

Rent payments should be made to the new owner after the sale is complete. If the tenant pays rent to the old landlord, the new owner must credit the tenant’s account for the payment.

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Frequently Asked Questions

How much notice must a landlord provide before selling the property?

In Florida, landlords are not required to provide tenants with notice before selling the property. However, if the lease agreement includes a clause about the sale of the property, the landlord must follow the terms of the agreement.

Are tenants entitled to a relocation allowance in Florida when the landlord sells the property?

No, tenants in Florida are not entitled to a relocation allowance when the landlord sells the property. However, if the lease agreement includes a relocation allowance clause, the landlord must follow the terms of the agreement.

What happens to the security deposit if the rental property is sold?

When a rental property is sold, the security deposit should be transferred to the new owner. The new owner is responsible for returning the security deposit to the tenant at the end of the lease.

Is a tenant in Florida required to permit property showings during a sale?

Tenants in Florida are not required to permit property showings during a sale. However, if the lease agreement includes a clause about property showings, the tenant must follow the terms of the agreement.

What are a tenant’s rights regarding lease continuation after the sale of a property?

When a rental property is sold, the new owner must honor the existing lease agreement. The tenant has the right to continue living in the rental property until the end of the lease term.

Can a landlord terminate a lease early due to the sale of the property in Florida?

No, a landlord cannot terminate a lease early due to the sale of the property in Florida. The new owner must honor the existing lease agreement until the end of the lease term.

Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.

Sources: FL Statutes Chapter 83 Part II

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