What are a tenant’s rights in a foreclosure?
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What are a tenant’s rights in a foreclosure?
I am a tenant and I received some court documents in the mail regarding a final judgment of foreclosure. I am trying to figure out what this means to me has a tenant. I have been renting the home for 8 years and paying rent. The documents state the house must be vacant within the next 6 weeks but my landlord has not say anything about it to me
Asked on January 21, 2019 under Real Estate Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Federal law gives rights and protection to a tenant in the event that their rental unit is foreclosed on. The law requires that when a home goes into foreclosure, a tenant who has a written lease can continue to occupy it until the end of the lease period, or 90 days, whichever is longer. The only exception would be 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, have to be given at least 90 days notice to move. Further, in cases where state law provides more protection than the federal law, then state law applies.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Federal law gives rights and protection to a tenant in the event that their rental unit is foreclosed on. The law requires that when a home goes into foreclosure, a tenant who has a written lease can continue to occupy it until the end of the lease period, or 90 days, whichever is longer. The only exception would be 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, have to be given at least 90 days notice to move. Further, in cases where state law provides more protection than the federal law, then state law applies.
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