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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 6 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.

 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption