How long does a month-to-monthtenant have until they must move in a foreclosure situation?
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How long does a month-to-monthtenant have until they must move in a foreclosure situation?
The bank is putting house on the market. I am a Section 8 tenant. I lived in my residence for 1 year prior to being on the program. My year lease was fulfilled and now I am on a month-to-month. I have only been on the Section 8 program since 08/10. The property owner (the bank) issued us a notice to be out of the home originally in December but we asked for an extension. Now we have until the end of January. I didn’t receive the letter until November. If they are going by the date of November, am I still entitled to a 90-day notice (means I have until February) or do I have 60 days (which means I have until the end of January)?
Asked on December 18, 2010 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First of all, federal law gives some rights and protection to a tenant in the event that their rental unit is foreclosed upon. When a home goes into foreclosure, tenants who have a written lease can continue to occupy the home until the end of the lease period, or 90 days, whichever is longer (except if the new owner intends to move in and occupy the home as their primary residence, in such case, a 90 day notice to move would apply). Those tenants with a month-to-month lease (your situation), have to be given at least 90 days notice to move. So you are entitled to a full 90 days notice from the date that you first received notice.
Note: In cases where state law provides more protection than the federal law, the state law applies.
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