What to do if the place you're renting is in FORECLOSURE

Real Estate Agent with eXp Realty




Can the person who buys the building at foreclosure make me leave right away?

􀂾 No.

                        The new owner needs to end your tenancy by giving you a 90-day notice to leave.

                        If you have an unexpired lease, you may be able to stay until the end of the lease.


What can I do if the new owner says I have to leave in less than 90 days?

􀂾 You can send a letter telling the new owner about the law. See the attached sample letter.

                        Keep a copy of the letter you send.

                        It may help to go to the post office and pay for a return receipt to make the new owner sign to prove they got your letter.

                        If you get in the mail a green receipt signed by the new owner, save that receipt.

                       You must also offer to pay the new owner your rent.

Money houseFor Rent

What happens if I don’t pay the new owner rent?

                        The new owner can send you a letter giving you (X days in your state) to pay or move.

What if I have a one-year lease that has more than 90 days left?

􀂾 In most cases, the new owner cannot evict you until the end of the lease. There are two exceptions.

                        If the new owner wants to use your home as their primary residence, the new owner only has to give you a 90-day notice to leave after they become the owner.

                        If you do not pay your rent, the new owner only has to give you a (X-day in your state, same as above.) notice.


What if the new owner files an eviction?

􀂾 File an answer with the court that says the new owner failed to give the notice required by the Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, §702 (2009).

􀂾 Go to court on the date the court sets for a trial.

• Take with you to court:

一.  the copy of your letter to the new owner.

一.  the green return receipt, if you received on.

一.  the copy of the new law that is attached to this notice.

一.  a copy of your lease, if you have one.

Partial Condo Bldg

What if I am a section 8 tenant?

                        You have all of the rights listed above regarding your lease and the requirement that the owner give you a 90-day notice to leave.

􀂾 You also have additional protection.

                        The Section 8 Housing Assistance Payment contract continues.

                        The foreclosure is not a lawful reason to terminate your lease.

                       Call your Section 8 worker and tell the worker what is happening.

  Courtesy of the National low income housing commission & National Housing Law Project/Photos courtesy of Bing & Florida MLS

RENTALS in Florida http://adellforbes.sef.mlxchange.com/AWPCriteria.asp?SearchID=3552574


Comments (3)

Victor Zuniga
Berkshire Hathaway Home Services California Properties - San Diego, CA

This is becoming a problem more and more for tenants that sometimes didn't even know their rental was for sale, in foreclosure or has been foreclosed on until the sheriffor bank representative shows up at their door. It beckons the question to where did all of that rent money go to?

Jun 14, 2011 07:35 AM
Ron Tiller
Star Referral - Grand rapids MI - Grand Rapids, MI

Only 30 days in Michigan. Leases are considered to be between individuals and do not affect the new owner.

Jun 14, 2011 11:48 AM
Adell Forbes (REALTOR®)
eXp Realty - Atlanta, GA
"Knowledge & Experience Working for You"

VICTOR- You're absolutely right, I often come in contact with tenants that are in this situation. When they do realize it; they want to stop paying rent and things can get out of control really quickly.

RON- It's interesting isn't it? Each State has their differences.... 

Jun 14, 2011 03:44 PM