As a tenant, how long do I have to find a new place to live after a foreclosure auction?

I am currently a tenant and just found out that in 2 weeks the house I am living in is going to a foreclosure auction. I have found online that if it is purchased at the auction that with an exception we have a contract terminable at will the new owner must give us 90 days to vacate. Is this true? If not, how long do I have to vacate? We have found a new place to live but cannot more there for another month.

Asked on June 20, 2016 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Federal law gives a tenant protection in the event that their rental is foreclosed on. It requires that when a home goes into foreclosure, a tenant who has a written lease can continue to occupy the home until either the longer of: the end of the lease or 90 days. There is an exception if the new owner intends to move in and occupy the home as their primary residence. In such a case, a 90 day notice to move would apply. A tenant with a month-to-month lease, or no lease at all, must be given at least a 90 day notice to move.


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