The occupant at the time of the foreclosure sale is a "bona fide tenant" of the former owner

with a fixed term lease:

 The new laws only pertain to bona fide tenants as defined by the Act. A bona fide tenant of the

previous owner is someone who entered into a lease agreement before the Notice of Foreclosure

was recorded, the lease was negotiated at "arms-length," and the rent is not "substantially" lower

than the fair market rent for the property (unless reduced because of a subsidy). However, if the

tenants are the child, spouse or parent of the former owner, they are not bona fide.

If a tenant is bona fide and a fixed term lease is in effect at the time of the Notice of Foreclosure,

the tenant is now allowed to remain in possession of the property until the lease expires. However,

if the tenant fails to comply with the terms of the lease, such as paying rent, an appropriate 3-Day

Notice may be served.

The Act does not affect any federal, state or local provisions for subsidized tenants that have

longer time periods or other additional protections for their tenants. In other words, the tenant

still receives the same rights and obligations provided by the subsidized housing rules or rent

control.

 A 90-Day Notice to Quit can be served notwithstanding a fixed term lease with the prior owner. If

the property is sold to a third party who plans on taking occupancy of the subject property as their

principal residence, a 90-Day Notice to Quit may also be served.

 A 90-Day Notice to Quit may be served to recover possession of the subject property.

A 60-Day Notice to Quit may be served.

 A 3-Day Notice to Quit may be served.

One of the occupants is the former owner of the subject property:

The occupant at the time of the foreclosure sale is a tenant of the former owner, but

not bona fide

The tenant is a bona fide tenant and the tenancy is month-to-month or at-will under state

law:

The new owner is planning on taking occupancy as its principal residence:

 
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2 Comments on The Protecting Tenants at Foreclosure Act of 2009 - Who is a "Tennant"

JUN
29

I am learning AR this weekend and I really enjoyed your post tonight. I am really excited to be here.

10:11pm • #1
211,504 Points 5 Featured Posts Outside Blog

Eric: thanks for the information. Ttenants have rights. What is amazing is that some owners do not even disclose when a property becomes a short sale or they learn later on that it is a foreclosure.Thee important factor is that the rental agreement was done prior to the foreclosure.That makes sense.

11:03pm • #2

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Eric Reid

Lawrenceville, GA

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