Miami-Dade Foreclosures  ›  FAQ

What happens to occupants or tenants after you buy at a foreclosure auction?

The property may come occupied by the prior owner or by tenants. You can't remove them yourself: you have to ask the court for a writ of possession. If there are bona fide tenants, federal and Florida law give them prior notice, usually 90 days.

Winning the auction and receiving the certificate of title doesn't magically empty the house. Many properties stay occupied, and the law forbids self-help eviction: no changing locks or putting belongings out. You have to go through the court.

If the one still inside is the prior owner (the defendant in the foreclosure), the normal path is to request a writ of possession in the same case file; the sheriff is who carries out the removal. It's usually a relatively quick step because their right to be there ended with the auction.

If there are tenants with a real lease predating the foreclosure, it's different: federal law (the Protecting Tenants at Foreclosure Act) and Florida law usually give them a right to 90 days' notice, and sometimes to finish their lease. That's why an occupant is a cost and a delay you should subtract before bidding — BIDROI flags occupancy risk so you don't discover it after you buy.

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