Eviction by landlord

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Eviction by landlord

I’ve been living in a duplex for 8 months, two without a lease. My landlord says he’s being foreclosed on and, I have to move out in a week. Do I? How can I get my deposit back?

Asked on July 1, 2009 under Real Estate Law, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Pursuant to federal law (enacted in May) a lender who takes possession of a property or a new owner who buys the building at auction has to let a tenant stay for 90 days from the sale or the remainder of their old lease, whichever period is longer.  The rules are a bit different if someone is buying the property to live in; in that case, they can terminate a lease with 90 days notice.

Note: That is 90 days from the sale date.  You'll have to find out when that will be from the lender or whoever is listed on the notice of civil action, which you should be sent a copy of shortly.  So you have at least 3 months plus.

As for your security deposit, the landlord is responsible for it's return.  See if they will apply it to next month's rent; until title officially passes you are still obligated to pay rent to your landlord (since they are still the legal owner of the property).  Again, stay on top of when the sale date is, after that you can stop paying your landlord.  The bank should send you notice of this also.


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