What to do if the IRS is seizing my home from my landlord and I never got a notice on how long I have?

Does that mean I would have to move or should I stay?

Asked on November 10, 2011 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, nothing changes until the IRS actually seizes the home--until that happens, your landlord is still your landlord; you still have to pay your rent and abide by your lease, and you still have the right to live there.

Once the home has been taken from your landlord, your tenancy will be terminated, since the landlord can no longer convey tenancy. The IRS as the new owner--or anyone who buys it from them (e.g. at auction--and you may be able to buy the home)--can seek to evict you, but would have to provide notice, probably 30 days notice. Then if you still don't leave, they can file an eviction action.

Of course, they are not required to evict you right away, or indeed at any particular point--it happens when they decide to do this. So you don't need to worry at all as long as your landlord is still owner; after he is not the owner, you will presumably have to leave at some point, but will not know when until you contacted about it (or you contact the IRS or new owner yourself to seek clarity).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.