Tax deed property with tenants? - Posted by osirus

Posted by osirus on February 29, 2000 at 13:04:59:


Tax deed property with tenants? - Posted by osirus

Posted by osirus on February 29, 2000 at 07:10:51:

What are my obligations, in the state of Florida, to tenants that occupy property that acquire through a property tax auction? I assume that I would step into the shoes of the former landlord/property owner; thus would have to honor any preexisting leases on the property. If this assumption is true, is there a way to find out what the terms of the tenants’ leases?

Florida statutes chapter 197 - Posted by ChrisFL

Posted by ChrisFL on February 29, 2000 at 12:13:47:

197.562 Grantee of tax deed entitled to immediate possession.–Any person, firm, corporation, or county that is the grantee of any tax deed under this law shall be entitled to the immediate possession of the lands described in the deed. If a demand for possession is refused, the purchaser may apply to the circuit court for a writ of assistance upon 5 days’ notice directed to the person refusing to deliver possession. Upon service of the responsive pleadings, if any, the matter shall proceed as in chancery cases. If the court finds for the applicant, an order shall be issued by the court directing the sheriff to put the grantee in possession of the lands.

197.552 Tax deeds.–All tax deeds shall be issued in the name of a county and shall be signed by the clerk of the county. The deed shall be witnessed by two witnesses, the official seal shall be attached thereto, and the deed shall be acknowledged or proven as other deeds. Except as specifically provided in this chapter, no right, interest, restriction, or other covenant shall survive the issuance of a tax deed, except that a lien of record held by a municipal or county governmental unit, when such lien is not satisfied as of the disbursement of proceeds of sale under the provisions of s. 197.582, shall survive the
issuance of a tax deed.

Re: Tax deed property with tenants? - Posted by Ben (NJ)

Posted by Ben (NJ) on February 29, 2000 at 07:32:05:

I recently took a condo through tax lien foreclosure. Here in NJ we have an “anti-eviction” statute which means you as new owner must adhere to the terms of the lease. This was a benefit to me however because it made the condo more saleable since it provided rental income with a good tenant. Florida law may be different. Roy at is familiar with the laws of different states. Try him.