I have a potential client who bought a house at a foreclosure sale. The house has people living in it who are different than the people who were foreclosed on. The people living in the house refuse to pay rent and refuse to leave, but from talking to the new owner the people living there might or might not have a oral lease. Is there anyway you can do a writ of possession? Or do you have to do an eviction? thanks   Aaron Baghdadi Baghdadi Law P.A. 1220 Commerce Park Dr. Ste. 203 Longwood, Fl 32779 (407) 960-4887 aaronbaghdadi@baghdadilawpa.com

You can file a Motion for Writ on the foreclosure case on behalf of the Third Party Bidder. I do it all time, never had an issue, just make sure to serve a copy of motion and notice of hearing on tenant. Also some Judges are requiring that you serve tenant with a copy of the protecting tenants at foreclosure act. Sent from my iPhone > On Jun 1, 2014, at 5:02 PM, Aaron Baghdadi <aaronbaghdadi@baghdadilawpa.com> wrote: > > I have a potential client who bought a house at a foreclosure sale. The house has people living in it who are different than the people who were foreclosed on. The people living in the house refuse to pay rent and refuse to leave, but from talking to the new owner the people living there might or might not have a oral lease. Is there anyway you can do a writ of possession? Or do you have to do an eviction? > > thanks > > Aaron Baghdadi > Baghdadi Law P.A. > 1220 Commerce Park Dr. Ste. 203 > Longwood, Fl 32779 > (407) 960-4887 > aaronbaghdadi@baghdadilawpa.com > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten

Thanks Sebastian, but what if they file a response claiming there's an oral lease. Do I get a hearing on it to determine if there was an oral lease. And if there was do I have to file an eviction. I can put in my pleadings that the tenant is not paying rent to the owner and refuses to do so. That should be evidence that's there's not a lease. thanks,   Aaron Baghdadi Baghdadi Law P.A. 1220 Commerce Park Dr. Ste. 203 Longwood, Fl 32779 (407) 960-4887 aaronbaghdadi@baghdadilawpa.com ________________________________ From: Sebastian Jaramillo <sebastian@lawjb.com> To: Aaron Baghdadi <aaronbaghdadi@baghdadilawpa.com>; RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Sent: Sunday, June 1, 2014 5:23 PM Subject: Re: [RPPTL LandTen] Protecting Tenants at Foreclosure Act You can file a Motion for Writ on the foreclosure case on behalf of the Third Party Bidder. I do it all time, never had an issue, just make sure to serve a copy of motion and notice of hearing on tenant. Also some Judges are requiring that you serve tenant with a copy of the protecting tenants at foreclosure act.  Sent from my iPhone On Jun 1, 2014, at 5:02 PM, Aaron Baghdadi <aaronbaghdadi@baghdadilawpa.com> wrote: I have a potential client who bought a house at a foreclosure sale. The house has people living in it who are different than the people who were foreclosed on. The people living in the house refuse to pay rent and refuse to leave, but from talking to the new owner the people living there might or might not have a oral lease. Is there anyway you can do a writ of possession? Or do you have to do an eviction? > > >thanks >  >Aaron Baghdadi >Baghdadi Law P.A. >1220 Commerce Park Dr. Ste. 203 >Longwood, Fl 32779 >(407) 960-4887 >aaronbaghdadi@baghdadilawpa.com > > _______________________________________________ >landten mailing list >landten@lists.flabarrpptl.org >http://mailman.fsr.com/mailman/listinfo/landten

If they're not paying rent then they're not entitled to the protection of the act. The only way a tenant can remain in possession after foreclosure sale is if they have a bona fide tenancy and they're paying rent to new owner. Regardless of what lease they have, if they're not paying rent, they can be evicted. You would only need to file an eviction if the new owner had created a landlord tenant relationship with tenants through a written or verbal agreement. Sent from my iPhone > On Jun 1, 2014, at 7:26 PM, Aaron Baghdadi <aaronbaghdadi@baghdadilawpa.com> wrote: > > Thanks Sebastian, but what if they file a response claiming there's an oral lease. Do I get a hearing on it to determine if there was an oral lease. And if there was do I have to file an eviction. I can put in my pleadings that the tenant is not paying rent to the owner and refuses to do so. That should be evidence that's there's not a lease. > > thanks, > > Aaron Baghdadi > Baghdadi Law P.A. > 1220 Commerce Park Dr. Ste. 203 > Longwood, Fl 32779 > (407) 960-4887 > aaronbaghdadi@baghdadilawpa.com > > > From: Sebastian Jaramillo <sebastian@lawjb.com> > To: Aaron Baghdadi <aaronbaghdadi@baghdadilawpa.com>; RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> > Sent: Sunday, June 1, 2014 5:23 PM > Subject: Re: [RPPTL LandTen] Protecting Tenants at Foreclosure Act > > You can file a Motion for Writ on the foreclosure case on behalf of the Third Party Bidder. I do it all time, never had an issue, just make sure to serve a copy of motion and notice of hearing on tenant. Also some Judges are requiring that you serve tenant with a copy of the protecting tenants at foreclosure act. > > Sent from my iPhone > >> On Jun 1, 2014, at 5:02 PM, Aaron Baghdadi <aaronbaghdadi@baghdadilawpa.com> wrote: >> >> I have a potential client who bought a house at a foreclosure sale. The house has people living in it who are different than the people who were foreclosed on. The people living in the house refuse to pay rent and refuse to leave, but from talking to the new owner the people living there might or might not have a oral lease. Is there anyway you can do a writ of possession? Or do you have to do an eviction? >> >> thanks >> >> Aaron Baghdadi >> Baghdadi Law P.A. >> 1220 Commerce Park Dr. Ste. 203 >> Longwood, Fl 32779 >> (407) 960-4887 >> aaronbaghdadi@baghdadilawpa.com >> >> _______________________________________________ >> landten mailing list >> landten@lists.flabarrpptl.org >> http://mailman.fsr.com/mailman/listinfo/landten > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten