How much time shouldI be given to vacate if homethe homethat I rent was foreclosed and now being sold?

UPDATED: Aug 29, 2011

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How much time shouldI be given to vacate if homethe homethat I rent was foreclosed and now being sold?

I signed a new month-to-month lease with Fannie Mae and now the home is being sold to the new owner. I have not received any notice to move out. What rights do I have?

Asked on August 29, 2011 California


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

Answered 11 years ago | Contributor

The “Protecting Tenants at Foreclosure Act” requires that when a home goes into foreclosure, those tenants with a month-to-month lease, or no lease at all, have to be given at least 90 days notice to move.  Additionally, in cases where state law provides more protection than the federal law, the state law applies.

A tenant should be notified by the mortgage lender as to the sale/transfer date of the property.  After this time, the landlord will no longer be the legal owner.  A tenant should then be informed where to send their rental payments by the new owner.

As for any security deposit paid, your current landlord is responsible for its return.

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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