Foreclosure tenant unknown if lying in wait

9 Replies

I bought a property (condo) at a foreclosure auction and I am waiting for the deed. I have been by the property a couple times and the blinds are closed but there is a light on inside. I have knocked on the door and never an answer. After receiving the deed I was going to first talk to the association office and gather any info from them about the property and if they think anyone is living in the property.  What should I be doing while waiting for the deed?   Is the next step a locksmith? I don’t want to get shot when I open the door. Thanks for all suggestions. 

We don’t know what state you are in.  Buying at a foreclosure doesn’t give immediate rights of possession/entry.  The tenant may have 90 days if under a lease.  You’ll likely have to do an eviction/ejectment proceeding or keys for cash.  Talk to a local real estate attorney.

Leaving a note that you are the new owner and asking for a call is a good first step.

After you take ownership post a notice of inspection. That is all you should need to legally enter the property. Take someone along with you as a witness.

If you are concerned and have a carry permit you are fine otherwise find a witness that has a carry permit to go along.

As a landlord/real estate investor, in any gun state, esspically in Florida you should be carrying if allowed to do so. A gun should be part of a landlords tool kit.

I would call the utility company and tell them you bought the property and want to see how much to turn on the power in the unit and when it was last turned on.  If someone is currently paying, then they will tell you and ask if they have a turn off date.  If it's on, then leave a notice of inspection and start an eviction.  

Originally posted by @Wayne Brooks :

We don’t know what state you are in.  Buying at a foreclosure doesn’t give immediate rights of possession/entry.  The tenant may have 90 days if under a lease.  You’ll likely have to do an eviction/ejectment proceeding or keys for cash.  Talk to a local real estate attorney.

Leaving a note that you are the new owner and asking for a call is a good first step.

 Actually, the tenant would have 90 days without a lease. The duration of the lease, if a lease (Assuming it's a legitimate lease).

Originally posted by @Marelyn Valdes :

I would call the utility company and tell them you bought the property and want to see how much to turn on the power in the unit and when it was last turned on.  If someone is currently paying, then they will tell you and ask if they have a turn off date.  If it's on, then leave a notice of inspection and start an eviction.  

 I don't think the second part of your advice is good advice. You could be locked in as a landlord for quite some time. Starting an eviction without gathering information could be costly and litigious. Maybe you are assuming the OP is doing all of that first. If that's the case, then yeah, once you send a notice to tenants in possession, and once you've verified that it's vacant and if you couldn't verify its vacant, waited 90 days (Assuming no one contacted you back) then sure, start eviction.

Ron S.   https://www.jimersoncobb.com/blog/2015/08/evicting...

NOTICE TO TENANT OF TERMINATION

You are hereby notified that your rental agreement is terminated on the date of delivery of this notice, that your occupancy is terminated 30 days following the date of the delivery of this notice, and that I demand possession of the premises on (date). If you do not vacate the premises by that date, I will ask the court for an order allowing me to remove you and your belongings from the premises. You are obligated to pay rent during the 30-day period for any amount that might accrue during that period. Your rent must be delivered to (landlord’s name and address).

After the 30-day notice period expires, the lender may then move the court for a writ of possession based upon a sworn affidavit that the 30-day notice of termination was delivered to the tenant and the tenant failed to vacate the premises at the conclusion of the 30-day period. Fla. Stat. § 83.561(2). The writ of possession will then allow the lender to properly evict the tenant and take possession of the property.

Thanks Marilyn. I should be getting the deed in about a week and I will move forward with your suggestions. I’ll let you know what happens. Thanks again for the information.