Results 1 to 2 of 2
  1. #1
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Tenants Cannot Be Evicted in Foreclosure

    United States LAW:

    Many people are not aware of this law, based on the number of questions here over the months.

    Under the Protecting Tenants at Foreclosure Act, which Congress passed last May, tenants are usually eligible to stay after the property has been foreclosed as long as they have a valid lease and are paying their rent regularly. Even renters on a month-to-month lease get 90 days to leave.

    Many banks and especially real estate agents will lie to you and say you have to move. Don't listen to them. Contact your local tenant rights organization for assistance or an attorney if you need more help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenants Cannot Be Evicted in Foreclosure

    For most tenants in this situation, during the term of the lease, except for good cause, they have the right to remain in the unit and cannot be evicted. Note, this must be a bona fide tenancy.

    If the lease ends in less than 90 days, the new owner (the buyer at the foreclosure sale) may not evict the tenant without giving the tenant at least 90 days notice.

    At the end of the lease term, the new owner may terminate the tenancy if the new owner provides (or has provided) a 90-day notice. An exception: the new owner may terminate the tenancy if the owner is going to occupy the unit as a primary residence, and has provided the tenant a notice to vacate at least 90 days before the date the new owneer intends to take possession.

    These provisions expire on December 31, 2012.

    1. Sponsored Links
       

Similar Threads

  1. Tenants Evicted Left Property - Now Squatters Suing
    By jonny909 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 11-06-2010, 02:04 PM
  2. Foreclosure: Protecting Tenants at Foreclosure Act
    By Chene in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 02-14-2010, 05:24 PM
  3. Eviction Process: Website With Information About Evicted Tenants
    By thecause in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-17-2009, 07:37 AM
  4. Change of Ownership: Tenants' Rights During Foreclosure
    By Amander in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-09-2008, 09:32 PM
  5. Eviction Process: Are Both Tenants Evicted?
    By Another Demise in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 09-09-2007, 03:32 AM
 
 
Sponsored Links

Legal Help, Information and Resources