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New Tenants Rights When Landlord is in Foreclosure

By
Real Estate Broker/Owner with RE/MAX Casa Grande

On May 20th, President Obama signed the Protecting Tenants at Foreclosure Act of 2009 (S. 896) into law.  These tenant protections are effective immediately and expire on December 31, 2012. 

In a nutshell, renters must now be allowed to remain in the home for the duration of their lease, even if the home is being foreclosed on.  The new law gives renters a minimum of 90 days notice before they must vacate.  If a new buyer plans to personally occupy the property, or the tenant's lease is month to month, or there is no lease at all the tenant is entitled to at least 90 days notice.

If there is a lease, tenants will be allowed to stay for the remainder of the lease before the foreclosing lender or new owner can proceed with eviction.  If a state offers greater protections to renters, the new law allows the stronger protections to apply. 

This bill is important and timely, because it specifies that tenants have rights and gives them protections they did not have previously.  As a broker who provides property management services, I'm thrilled that we have some guidelines that allow us to treat the tenant fairly.  Without this law, we were required to enforce the provisions of the existing lease. 

If an owner was attempting to negotiate with their lender for a loan modification, refinance or a short sale, we often didn't know until the day before the scheduled foreclosure if the the lender would postpone or stop the foreclosure auction.  This left the tenant in a precarious and stressful situation, not knowing whether or not they'd have to move.  As the property manager, my hands were tied, as I was unable to alter the lease without the owners permission, and they frequently are working furiously to keep the property. 

This new law provides a policy whereby tenants have rights, property owners have new guidelines to follow and landlords, new purchasers and lenders all know where they stand.

Lynn Pineda
eXp Realty - Boca Raton, FL
Real Estate Promises delivered in SE Florida

Debbie, great news! Thanks for sharing

May 29, 2009 12:22 PM
Sandy Blanton
Pensacola Real Estate - Team Sandy Blanton Realty, Inc. - Pensacola, FL
Pensacola Real Estate- #1 in 07null- 09null

Debbie, that's great news. I wonder how this will work with property managers? Will the banks seize the rents? I printed out the summary of s.896 and look forward to reading the entire act soon. Thanks for sharing

Jun 08, 2009 08:25 AM
Debbie Yost
RE/MAX Casa Grande - Casa Grande, AZ

You are asking the same questions that I am.  Where will the rent go?  How will the lender find the property manager?  As the property manager shall I hold the rent until I hear from the lender?  I'm just happy to see some action in this area as tenants were really being treated unfairly.

Jun 09, 2009 10:35 AM
Tamara Inzunza
Realty One Group Capital - Alexandria, VA
Close-In Alexandria and Arlington Living

If the lease is between the owner and the tenant, is the lease still valid after foreclosure? Is the tenant obligated to pay if they don't want to. Very scary indeed.  I've been advising people to look into apartment complexes for rentals as opposed to seller owned rentals, especially if they purchased the home within the last 3-5 years.

Jul 21, 2009 04:38 PM
Anonymous
Debbie Yost

The law is pretty specific.  The lease has to be valid, the tenant continuing to pay rent.  The law specifies honoring the existing lease (if valid lease, renter current) for 90 days so it gives the tenant time to move.  As far as mechanics, i'm not sure what those will be.  I'm assuming the lender will send someone to determine occupancy as they typically do after a foreclosure procedure.  At that time the tenant would probably direct them to the property manager, provide a copy of their lease and proof of payment.  These are just guesses on my part.

As to advising folks to rent from an apartment complex rather than a private owner, I don't believe anyone is exempt from financial distress these days.  With commercial lending guidelines tight, apartment complexes can have the same trouble with creditors as individual owners.

Jul 22, 2009 02:48 AM
#5
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

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