Can you be forced to move out in a matter of days if the home you are renting is in foreclosure?

UPDATED: Jan 11, 2012

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Can you be forced to move out in a matter of days if the home you are renting is in foreclosure?

W hat if it has been auctioned?

Asked on January 11, 2012 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under 2010 federal law, if you rent a home that is pending a foreclosure sale and are current on your rent and have not otherwise breached the rental agreement, you cannot legally be evicted from the unit unless you are on a month-to-month lease.

After a foreclosure, you are entitled to remain in the rental up to the end of your lease. If the lease is a month-to-month lease, you must receive at least 90 days written notice that the new landlord wants you vacate the rental. The above opinion is premised upon the tenant being current in rent and no other breaches of the rental agreement.

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 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.

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