What rights do I have as a tenant in a foreclosure?

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 that I have to leave in less than 90 days?

You can send a letter telling the new owner about the law.

  • 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.


What happens if I do not pay the new owner rent?

The new owner can send you a letter giving you notice 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 make a demand for payment.


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:

  1. The copy of your letter to the new owner.

  2. The green return receipt, if you received one.

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

  4. A copy of your lease, if you have one.


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 protections:

  • The Section 8 Housing Assistance Payment contract continues.

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

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