How long can a tenant stay in home after a sheriff’s sale?

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How long can a tenant stay in home after a sheriff’s sale?

Asked on June 26, 2015 under Real Estate Law, Pennsylvania

Answers:

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

Answered 8 years ago | Contributor

 Federal law gives a tenant rights if their rental unit is foreclosed upon. When a home goes into foreclosure, tenants with written leases can continue to occupy the home until the end of the lease , or 90 days, whichever is later. The exception to this rule is if the new property owner intends to occupy the home as their primary residence. In that event, a 90 day notice to move applies. Tenants with a month-to-month lease or no lease, are required to be given a minimum 90 days notice to move.

Note: If state law provides more protection, then state law applies.

it should be noted that even if a foreclosure action has already commenced, as long as the landlord remains the owner of record, the tenant must continue to pay them rent to them until title to the property passes at auction, shreiff's sale or the like. After that time the landlord is no longer be the legal owner. The tenant then should be instructedas to where to send their rent by the new owner/landlord.

As for the return of the security deposit, in a foreclosed rental situation, there may not be much that a tenant can do. As a general rule a tenant’s only legal option is to sue their former landlord in small claims court.

 


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