Can a landlord evict a tenant from a rental property if the house has been turned over for voluntary foreclosure?

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Can a landlord evict a tenant from a rental property if the house has been turned over for voluntary foreclosure?

Asked on December 13, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally a landlord cannot evict his or her tenant from a rental that is in foreclosure (voluntary or involuntary) if the tenant is not in breach of the lease unless the lease is a month-to-month lease.

Post foreclosure, the new landlord cannot evict the tenant from the property is the tenant is not in breach of the lease and must wait until the lease's full term expires for lease termination. However, if the lease is a month-to-month lease, the new landlord cannot evict the tenant unlss 90 days notice is given.


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