If Icame home to a foreclosure notice on my door of my rental, what are my options?

I moved in 3 months ago and I have paid all my rent on time every month. I did not pay a deposit. I don’t have a paper lease that I signed. I have a verbal month-to-month agreement with the landlord. Dumb on my behalf but he is a bishop and I figured I could trust him. I make about $1000 a month. At this point I am broke because of Christmas and rent. I don’t know what to do and the landlord is of no help. When I talked to him, he told me he got the first notice of forclosure 7 months ago. He said that I need to keep paying him rent and be moved out by the 18th of next month. Is what he did legal?

Asked on December 15, 2011 under Real Estate Law, Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under 2010 federal law, even though you are in a rental that is subject to a foreclosure, so long as you continue to pay the landlord rent on a month-to-month basis and he does not terminate the lease on you by giving you 30 days notice you can remain in the unit for up to 90 days after the new owner takes possession of the unit post foreclosure.

Under federal law, you would be entitled to remain in the rental post foreclosure so long as you are current on your rent for up to 90 days. 90 days is the required notice to terminate your lease by the new landlord who received title post foreclosure.

I suggest that you consult with a landlord tenant attorney about your situation if you have further questions.


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