Animal Replevin Actions in Florida: A Legal Overview

What Pet Owners Should Know About the Replevin Process

In Florida, pets are not just companions—they’re considered personal property under the law. When disputes over ownership or possession arise, especially after a breakup, adoption, sale, or custody disagreement, the emotional stakes are high. The legal mechanism known as "replevin" offers a pathway for rightful owners to recover their animals through court intervention.

Defining Replevin Under Florida Law

Replevin is a civil legal action that allows individuals to reclaim property unlawfully withheld by another party. In the context of pets, it can be used when someone refuses to return an animal to its rightful owner. This process is particularly relevant in cases where informal efforts have failed and legal determination is required.

Initiating an Animal Replevin Case

To start a replevin action, the plaintiff must file a formal complaint in the appropriate Florida court. The complaint should clearly state the basis for ownership and explain the circumstances under which the animal is being detained. Courts may order the immediate return of the animal, grant temporary possession until a full hearing, and/or ultimately resolve permanent ownership. Supporting evidence, including records such as veterinary bills, microchip documentation, contracts, photos, and correspondence, strengthens the case.

Available Remedies in Animal Replevin

Depending on the facts and urgency, the following remedies may be sought:

• Immediate return of the animal
• Temporary possession until a final decision
• Permanent determination of ownership
• Emergency writ of possession
• Damages for wrongful detention
• Injunctive relief to prevent transfer or harm

Preparing for Your Case: Document Checklist

• Government-issued ID
• Photographs of the animal
• Proof of ownership (adoption papers, purchase receipts)
• Records of communication demanding the animal’s return
• Correspondence with the opposing party
• Veterinary records
• Police or animal control reports
• Contracts or written agreements
• Prior court filings

Practical Considerations for Pet Owners

• Act Quickly: Seek legal advice as soon as possible if your animal is being withheld against your wishes. Prompt action can prevent unnecessary hardship for you and your pet.
• Consider Mediation: Sometimes, alternative dispute resolution can help settle matters without lengthy litigation.
• Consult an Attorney: Animal replevin cases can be fact-intensive and require careful documentation. An attorney can help you prepare, file, and present your case effectively.

 While pets hold a special place in our hearts, resolving disputes over their custody in Florida must follow established legal procedures. Understanding replevin and preparing your documentation are key steps toward a successful outcome.

 Understanding Post-Nuptial Agreements: Protecting Separate Property, Avoiding Commingling, and Strengthening Your Estate Plan

Financial transparency and proper planning are essential to a healthy marriage—especially when spouses come into the relationship with different assets, inheritances, obligations, or age-related planning concerns. A post-nuptial agreement (“post-nup”) is one of the most effective tools to provide clarity, avoid disputes, and protect both partners’ futures.

Below, we explain what post-nups are, how they work, and why so many couples benefit from creating one.

What Is a Post-Nuptial Agreement?

A post-nup is simply a legally binding contract between spouses that outlines how assets, income, and financial responsibilities will be handled during the marriage and in the event of divorce or death.

Unlike a pre-nup, which is signed before marriage, a post-nup is executed after the spouses are already married. Couples often consider a post-nup when:

• One spouse receives an inheritance
• Large assets are purchased during the marriage
• One or both partners want to protect children from prior relationships
• There is a significant age or income difference
• The couple wants financial clarity and predictability

Why Commingling Matters

In Florida, the treatment of separate vs. marital property can be dramatically affected by commingling—the mixing of one spouse’s separate assets with joint or marital assets. Courts analyze:

• Intent
• Documentation and traceability
• Consistency of treatment

Once separate property is blended with marital property, it may lose its protected character. Untangling it later can be costly, time-consuming, and sometimes impossible. A properly drafted post-nup can prevent this outcome.

Examples: How Assets Become Marital Property

Inherited Funds Example - You inherit $1,000,000 and keep it in an account in your name only. Those funds are generally considered separate property. But if you use $200,000 of that inheritance to purchase a home titled jointly with your spouse, that home becomes marital property, regardless of who contributed more to the down payment. The remaining $800,000 stays separate—as long as it remains in your separate account.

Vacation or Lifestyle Spending - If you take $30,000 per year from your separate account to pay for vacations, and the funds are spent directly from that separate account, no commingling occurs. If you first transfer the funds into a joint account, those funds will likely be treated as marital.

How a Post-Nup Helps Prevent Commingling

Because a post-nup is contractual, spouses can define exactly how assets will be treated. A well-crafted agreement can:

• Identify separate accounts and clarify they remain separate
• Create joint accounts with defined contribution amounts
• Set spending caps or allocation formulas
• Clarify future ownership of assets purchased during the marriage
• Specify that certain deposits do not convert to marital property
• Establish how unused funds or end-of-marriage balances will be divided

For example, spouses may agree that each is entitled to up to $10,000 per year from a joint account, or that at the end of the marriage one spouse receives 100% of the remaining balance. Almost any arrangement is possible—as long as it is clearly stated.

Integrating a Post-Nup With Your Estate Plan

A post-nup does not prevent spouses from leaving assets to each other. Instead, it works alongside your estate-planning documents, including:

• Last Will and Testament
• Revocable Living Trust
• Pay-on-Death designations
• Beneficiary designations on accounts and insurance

Using the inheritance example: if you spend 60% of the inherited funds during your life, the remaining 40% remains your separate property. Upon your death, your estate plan determines who receives those funds.

This integration can provide clarity, prevent disputes, and protect children or beneficiaries on both sides.

Additional Documents to Protect Each Spouse

For couples with age differences or long-term planning needs, a comprehensive plan may include:

• Designation of Healthcare Surrogate
• Living Will
• Durable Power of Attorney
• Last Will and Testament
• Revocable Living Trust

These documents ensure that both spouses are protected in circumstances involving incapacity, illness, or end-of-life care.

Open Communication Is Critical

The most important step is an honest, thoughtful conversation between spouses about financial expectations and goals. Once you reach an understanding, a post-nup allows you to formalize those decisions. And if circumstances change? A post-nup can be modified or revoked at any time, provided both spouses agree.

Considering a Post-Nup? We Can Help.

A post-nuptial agreement is not a sign of mistrust—it is a sign of responsible planning. Whether you are safeguarding an inheritance, preparing for the future, or simply looking for financial clarity, a post-nup can offer peace of mind for both spouses.

If you would like guidance on drafting a post-nuptial agreement or integrating one into a larger estate-planning strategy, our office can help you navigate the process with care and clarity.

Understanding Florida Lady Bird Deeds: A Smart Estate Planning Tool

Timothy C. Martin, Esq.
May 8, 2025

A Florida Lady Bird Deed, also known as an enhanced life estate deed, is a valuable estate planning tool that allows property owners to transfer real estate upon their death while retaining full control during their lifetime. This unique deed helps avoid probate, maintain Medicaid eligibility, and provide flexibility in property management. However, while Lady Bird Deeds offer substantial benefits, Florida residents must consider certain state-specific concerns to ensure they align with their estate planning goals.

How It Works

Unlike a traditional life estate deed, a Lady Bird Deed allows the grantor (property owner) to retain full ownership and control over the property, meaning they can sell, lease, or mortgage it at any time without needing beneficiary consent. This deed ensures a seamless transfer of property to designated beneficiaries upon the grantor’s passing, eliminating the need for probate proceedings. Additionally, it plays a crucial role in preserving Medicaid eligibility, preventing the state from reclaiming the property to cover long-term care costs.

Advantages of a Lady Bird Deed

One of the biggest advantages of a Lady Bird Deed is its cost-effectiveness, providing an efficient estate planning solution without requiring a trust. Because it avoids probate, heirs experience fewer legal fees and delays when inheriting the property. The deed also maintains homestead protections, allowing the property to retain tax benefits and shielding it from certain creditor claims. Another major benefit is flexibility—since the grantor maintains full control, they can change beneficiaries or revoke the deed whenever necessary.

Potential Drawbacks and Florida-Specific Concerns

Despite its benefits, a Lady Bird Deed has limitations. It applies only to real estate and does not extend to other assets, such as bank accounts or investments. Additionally, since not all states recognize this type of deed, complications may arise if the property owner moves to a jurisdiction where the deed holds no legal weight. Some title insurance companies may also require additional documentation before issuing a policy, which can add an extra step to the process.

Florida residents should be aware of certain legal and practical considerations when using a Lady Bird Deed:

1. Legal Uncertainty – Florida courts have provided little guidance on certain aspects of Lady Bird Deeds, such as whether they can be revoked without selling the property or how they interact with homestead protections when the grantor has a spouse or minor children.

2. Title Insurance & Mortgage Issues – Some title insurance companies and mortgage lenders may not be familiar with Lady Bird Deeds, which can complicate refinancing or selling the property. Property owners should verify with their title insurer and lender before executing the deed.

3. Medicaid Eligibility Risks – While Lady Bird Deeds are often used to preserve Medicaid eligibility, changes in Medicaid regulations could impact their effectiveness. Misinterpretation of the rules could lead to unintended consequences, so consulting an attorney is recommended.

4. Creditor & Tax Concerns – If a remainder beneficiary has outstanding debts, creditors may attempt to attach liens to their future interest in the property. Additionally, property tax reassessment could occur upon transfer, potentially increasing costs for beneficiaries.

5. Limited Flexibility Compared to Trusts – While Lady Bird Deeds provide more control than traditional life estate deeds, they lack the flexibility of a revocable living trust, which allows for conditional transfers and asset protection across different asset types.

Lady Bird Deed vs. Other Estate Planning Options

A Lady Bird Deed offers unique benefits compared to other estate planning tools. Traditional Life Estate Deeds limit the grantor’s ability to sell or modify the property without beneficiary consent, whereas Lady Bird Deeds allow full control. Revocable Living Trusts provide broader estate planning benefits, including multi-asset management, privacy, and creditor protection, but require more effort and legal costs to set up. Transfer-on-Death (TOD) Deeds allow property to pass to beneficiaries without probate but do not allow the grantor to modify beneficiaries or sell the property without revoking the deed entirely. Each option has distinct advantages depending on the grantor’s priorities—whether it’s avoiding probate, retaining control, or managing multiple assets.

How to Create a Lady Bird Deed in Florida

To create a Lady Bird Deed in Florida, the grantor must draft the deed, ensuring it includes key details such as their name, the remainder beneficiaries, and a legal description of the property. The deed must then be signed before two witnesses and a notary to satisfy Florida’s legal requirements. Finally, the deed must be recorded with the county clerk’s office to ensure its enforceability.

Conclusion

For Florida residents focused on avoiding probate while maintaining full control over their property, a Lady Bird Deed is an excellent choice. However, potential complications related to title insurance, Medicaid eligibility, and creditor concerns must be carefully considered. Those with multiple assets requiring detailed management may find a revocable living trust more beneficial. If avoiding probate with minimal effort is the priority, a TOD deed is a viable alternative—though it lacks the flexibility of a Lady Bird Deed. Ultimately, selecting the best estate planning strategy depends on individual needs, financial considerations, and long-term objectives.

About the Author

Timothy C. Martin, Esq., is a Florida-based solo attorney focusing on estate planning, probate, business organizations and contracts, real property, animal law, and LGBTQ+ advocacy.

 Understanding Florida Law: Keeping Dogs on Leashes and Potential Citations

As a responsible dog owner, it's crucial to be aware of the laws and regulations in your area to ensure the safety of your furry companion and maintain harmony within your community. In the sunny state of Florida, there are specific state and local laws in place regarding dogs being "at large," meaning not properly confined or under control. In this article, I will explore Florida's laws on leash requirements, understanding the concept of dogs being "at large," and potential citations associated with non-compliance.

Leash Laws in Florida:

Florida law mandates that dog owners keep their pets on a leash or under their control when in public areas. The primary purpose of these laws is to promote public safety, prevent incidents, and maintain a peaceful environment. Leash laws vary across different cities and counties within Florida, so it's essential to familiarize yourself with the specific regulations in your locality.

Understanding "At Large":

The term "at large" refers to dogs that are off-leash and not under direct control of their owners. Even if your dog is well-behaved and friendly, allowing them to roam freely in public areas can potentially lead to various issues. Some of the potential problems associated with dogs being at large include:

1.  Public Safety: Dogs that are not under control may approach or scare other individuals, including children, causing fear, discomfort, or even injury. People who have had negative experiences with dogs in the past might be particularly affected.

2.    Aggression or Fear: Even if your dog is generally well-behaved, it is important to remember that your dog or other dogs may react differently in the presence of an unfamiliar and/or unleashed dog. This can lead to aggressive encounters or cause anxiety and fear in other pets.

3.    Traffic Hazards: Unleashed dogs running freely can pose a significant risk to themselves and passing vehicles. They may wander onto roads, causing potential accidents and injuries.

Potential Citations for Dogs at Large:

Failure to comply with leash laws can result in citations or penalties, varying based on local ordinances. Some common citations for dogs at large may include:

1.   Violation of Leash Law: This citation is issued when a dog owner fails to keep their pet on a leash while in public areas where leashes are required. The penalties can range from warnings and fines to more severe consequences depending on the severity of the offense and prior violations.

2.     Public Nuisance: If your unleashed dog is found creating a disturbance or causing discomfort to others, you may be cited for a public nuisance violation. This can include excessive barking, jumping on individuals, or approaching strangers in an aggressive manner.

3.    Vicious or Dangerous Dog Classification: In certain cases, if an unleashed dog injures another person or animal, the owner may face legal consequences beyond simple leash law violations. Authorities may classify the dog as vicious, dangerous, or potentially dangerous, resulting in additional requirements, restrictions, and potential liability for the owner.

It's important to note that ordinances can vary within different municipalities and cities within Pinellas County. Therefore, it's advisable to consult the Pinellas County government website, contact the Pinellas County Animal Services or local authorities directly, or consult with a knowledgeable attorney to obtain the most accurate and updated information regarding animal ordinances in your specific area.

Ensuring Compliance and Responsible Dog Ownership:

To avoid potential citations and promote responsible dog ownership, here are some essential tips:

1.     Always leash your dog in public areas where required. Use a sturdy leash and collar or harness to maintain control.

2.     Familiarize yourself with local leash laws and regulations specific to your area. Stay updated on any changes or modifications to the existing laws.

3.     Socialize and train your dog to be comfortable and obedient while on a leash, ensuring their behavior doesn't pose a threat to others.

4.     Consider using designated off-leash dog parks or areas where dogs are permitted to run freely and socialize with other canines in a safe environment.

5.     Stay attentive and promptly clean up after your dog to maintain a clean and hygienic public space.

Conclusion:

Understanding and adhering to local and state leash laws is vital for dog owners to ensure the safety of their pets and promote harmonious communities. By keeping your dog on a leash or under control, you not only comply with the law but also contribute to the well-being and tranquility of your neighborhood. Remember, responsible dog ownership is a shared responsibility that benefits everyone involved.

Timothy C. Martin, Esq.

June 27, 2023

Timothy C. Martin is the sole shareholder of Martin Law Office, P.A. His practice focuses on several areas of law, including animal law, real property, and estate planning/probate. With his qualifications and commitment to client advocacy, he is well-equipped to handle a wide range of legal matters and effectively represent the best interests of his clients.

OWNERSHIP OF REAL PROPERTY IN FLORIDA

Title to Real Property

Real property – which includes land and buildings – can be owned (titled) in a variety of ways in the state of Florida:

• Individually
• Joint Tenant
• Joint Tenant with Right of Survivorship
• Tenancy by the Entireties
• Revocable Trust
• Irrevocable Trust

Owning real property individually means there is one owner of record listed on the recorded deed - and with the respective property appraiser in the county where the property is located. Individually owned property may be transferred by estate planning documents (last will and testament, deed (quitclaim deed, special warranty deed, warranty deed, or life estate/enhanced life estate deed[i]), or a revocable or irrevocable trust. Upon the death of the owner without a will (i.e., intestate) or a trust, such individually owned property will pass to the natural heirs of the decedent.

Owning real property as a joint tenant means there are two or more owners with equal percentages of ownership. Each owner may sell or bequeath his/her share of the property, without the consent of the other owner(s). Such share owned by a joint tenant will pass to the natural heirs of the decedent without a will or trust in place. The person(s) who inherit (or purchase) such share will become a joint tenant with the surviving joint tenant(s).

Another form of joint tenancy includes specific “with right of survivorship” language in the deed which means upon the death of one of the joint tenants, his/her share will automatically pass to the surviving joint tenant(s). There is no need to prepare and record a deed or other transfer documents.

Even if not specifically indicated on a deed, Florida law assumes that residential property owned by a married couple is titled to them as “tenants by the entireties,” which means that when one spouse dies, the other automatically takes full title to the property, just like how property held as joint tenants with right of survivorship passes. When the second spouse passes away, the property will pass to the second spouse’s heirs (or to whomever is named in a will or trust). Tenancy by the entireties is specifically restricted to married couples. Note, heirs of the first spouse who died are left out unless the second spouse provides for them in estate planning documents or other means. To avoid disinheriting heirs – either intentionally or unintentionally – the married spouses could transfer the homestead into a living trust naming them both as beneficiaries.

Property held in a trust is in the name of a trustee rather than in the name(s) of the individual(s). A trust may be revocable (meaning that the grantor (the person making the trust) can revise or terminate the trust during his/her lifetime) or irrevocable (meaning the grantor generally cannot revise or terminate the trust). The trustee is the owner of the property rather than the individual person(s). The trust document may specify how or to whom property is conveyed upon the death of the grantor (or upon the death of the surviving grantor if more than one).

Florida Homestead

Residential property in Florida held by an owner who also lives in the property at least six months and one day (per year) is considered “homestead” property. Upon the death of an owner of homesteaded property who is survived by a spouse or minor children from a current or former relationship, such property shall descend according to Florida statutes, even if the decedent had a will transferring the property differently. Both a surviving spouse and minor children are assumed to receive an interest in the homestead. Such property would be transferred to a minor child or children first, even if there is a surviving spouse of the decedent. If there are no children, the homestead property would go to the spouse.

Protection of Real Property

The Florida Constitution and Florida statutes also provide added protection to homestead property. Generally, real property may be subject to forced sale to pay a judgment creditor (as a result of bankruptcy, accident, etc.). However, homesteaded property is exempt from such forced sale. A married owner cannot mortgage, sell, or gift the homestead to anyone other than his/her spouse or to themself and his/her spouse, unless the spouse signs a deed or mortgage.

In addition to the homestead benefit regarding no forced sale, Florida provides a “homestead exemption” for property taxes. A Florida homeowner who makes the property his or her permanent residence or the permanent residence of his or her dependent may be eligible to receive a homestead exemption up to $50,000 (first $25,000 applies to all property taxes, including school district taxes; additional exemption up to $25,000 applies to the assessed value between $50,000 and $75,000 and only to non-school taxes).

DISCLAIMER: The information provided herein does not, and is not intended to, constitute legal advice; instead, all information, content, and materials are for general informational purposes only and may not constitute the most up-to-date legal or other information. You should not act or refrain from acting on the basis of this content without seeking legal or other professional advice. All liability with respect to actions taken or not taken based on this content are hereby expressly disclaimed Use of, and access to, this information does not create an attorney-client relationship between you and Martin Law Office P.A. or its employees.

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[i] Also known as a Lady Bird Deed, the Enhanced Life Estate Deed is a special type of deed recognized only in Florida, Michigan, and Texas. In and advanced life estate deed, the life tenant maintains complete control over the subject property for their lifetime. Therefore, the life estate holder can mortgage, lease, rent, or sell the property without needing the consent of the remaindermen named in the deed.

A Cry for Calm and End to Racial Tensions in the Aftermath of Charleston Shooting

In the aftermath of the shooting deaths of nine churchmembers last week in Charleston, South Carolina, I felt compelled to address some of the comments I have heard and read recently and to remark on some of my own experiences there.

There is no excuse for what happened. Dylann Roof's actions were simply murder, regardless of what they may or may not have been motivated by or what anyone else is saying about it. If he did intend to ignite racial tensions, I remain hopeful that he failed. I grew up in an overwhelmingly white area of southern Ohio and remember hearing from time to time, even from my own family members. snide comments and derogatory terms about black people. I have strived to overcome such racist mentality and hope that I have suceeded. Sometimes I wish we were all colorblind because the color of our skin should not determine how we are treated.

Neverthless, calls for removal of the Confederate flag from the state house, and similar outcries, may be misplaced. I know that statement may not be easy to swallow for some, but let me explain my thoughts on this. The American Civil War is an indelible part of our nation's history. It can't be rewritten, no matter how distasteful it was or how uncomfortable it makes us feel now a hundred and fifty years later. Just like other historical events including the intial slave trade, world wars, atomic bombs, these things are part of our past. Putting your head in the sand and pretending that life was different is not a viable option. Should the Confederate flag be relegated to merely a symbol of hate and racism? To do so, in my opinion, would detract from our nation's history as a whole as well as from the lives of each person who fought for his beliefs or way of life, and their families. No, I do not and could never condone slavery or the mistreatment of entire peoples based solely on a physical trait, but neither can I say that removing the Conferedate flag would be an end to racism. We have a lot further to go than that. Work on the issues rather than a symbol.

Make no mistake, there are issues on both sides of the table. There are certainly white people who are racists toward blacks and other minorities. There are also blacks who are racist against whites and sometimes other minorities as well. It seems like every time there is a news story about racial violence, certain well known people come out of the woodwork and start rabblerousing the public. I'm certainly not saying that unjustified shootings and mistreatment by the police should be ignored. It should not. What I don't understand though is why people who are supposedly clergy just like to stir the pot rather than try to fix anything. Perhaps it is because they fear becoming obsolete. Without racial tensions, they have nothing to do. Conversely, why does it appear that so many police officers appear to use unwarranted force at times? Likewise, why do some people insist on resisting law enforcement unnecessarily? I know that if a cop told me to stop whatever I was doing, I would. Some of the incidents and participants thereof just beg for trouble, but that doesn't give an officer the right to overstep. And no amount of senseless looting of stores and businesses can be accepted as meaningful in any way. That's just pure criminal activity. There has to be education by our citizens, by our elected officials, and by our law enforcement.

One particular item I heard in the news concerns the judge that was to hear Roof's case in court. Back in 2003 in an unrelated matter, the judge said, "There are four kinds of people in this world - black people, white people, red necks, and n--------." For that comment and an act of favoritism he showed toward a fellow judge, he was reprimanded by the South Carolina Supreme Court. That was 12 years ago. I haven't heard that this judge has done anything similar since. Nevertheless, he has been removed from this case. Fair? The right thing to do in the circumstances? I don't know. Maybe, maybe not. I do know that until we start forgiving the past, we will struggle in the present and in the future. Young children do not know racism. It is learned. Unfortunately, it is often taught by the very people who should want better for all children - parents, clergy, politicians. 

I lived and worked in Charleston, South Carolina for a year and a half, about 14 years ago. I had never set foot in the state until I moved there. I had visions of the old South and wasn't disapointed in that regard. Magnificent houses, colorful people, and just a little different than the normal, every day city in the United States. The Confederacy had appeared to linger on in this part of the country. The city is full of historical sites related to the Civil War - after all, the first shots were fired here. The armory, the fort, the cannons by the waterfront. It was all very fascinating to me at the time.

Of course, I also experienced a not so good part of Charleston. Like it or not, such an historical city seemed very closed off to me in many ways from a social and professional perspective. While just about everyone generally displayed good manners, it was all a bit stand-offish at times. Who you knew often determined where you went and what you did, and with whom. I did work with some well connected people that allowed me a glimpse, but I didn't stay in Charleston long enough to be part of high society in the Low Country, as the area is known. I also had a close friend, now deceased, who showed me the back parts of town and told me stories of days past. There are many good things about the area and the people who live there, and I am lucky to still have a few friends in the area.

Charleston, like many other American cities, now has to face the ugliness of racism head-on. But let this be a meaningful discussion with goals in mind and calm by all participants. Dylann Roof was an individual. He is the one who committed the terrible crime of murder. It is not Charleston or the old South or even the Confederate flag that should be on trial here while we strive to be a better country and humans.

Property Rights of Tenants During Foreclosure

It is not uncommon for a home in foreclosure to be occupied by renters rather than the homeowner(s). So what rights do tenants in Florida have in this situation. Historically, they basically had no rights. When the property was sold at public auction, the property had to be vacated by the homeowner and tenant alike. That changed with the Protecting Tenants at Foreclosure Act of 2009. 


This federal law permitted renters with a lease to remain in the property until the expiration of their lease. That period was reduced to just 90 days if the new owner intended to occupy the residence. For those renters leasing mont-to-month, they were permitted to remain in the property for at least 90 days after notice by the new owner. 


Sounds great, right? Well, it was, but unfortunately the Act contained a "sunset" provision which meant it would expire at a certain date unless extended by the United States Congress. The sunset date listed in the Act was December 31, 2014. Congress did not extend the Act and thus renters no longer have the protection of this federal law. A handful of states has enacted similar legislation, but Florida is not one of them as of today, though there has been some effort at doing so. In addition, the Protecting Tenants at Foreclosure Act of 2015 has been proposed in Congress, which would amend the federal Act to eliminate the sunset date and make the Act permanent. Again, thus far, it has not been passed.


For the time being, renters must know that if the house they are living in is foreclosed, they are practically in the same boat as the homeowner once the property is sold - none. Pack up and move, as quickly as you can, to avoid potential financial and legal liabiilty.


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Timothy C. Martin, Esq. is the owner/attorney of Martin Law Office, P.A., a solo practitioner law firm in St. Petersburg, Florida. Martin Law's practice areas include Animal Law, Business Law, Estate Planning/Probate, LGBT Advocacy, and Real Estate.