What to do if the house we’ve been renting is going into foreclosure and is to be sold next month?

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What to do if the house we’ve been renting is going into foreclosure and is to be sold next month?

We just renewed our lease for another 2 years. What are our rights? We are not only broke right now but have no other place to go, much less have time to pack everything up and move it out in less then a week. We need help with this. Every time I call a law office, I am told, sorry we can’t help you.

Asked on June 26, 2013 under Real Estate Law, Texas

Answers:

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

Answered 8 years ago | Contributor

In a situation such as yours, federal law offers protection. If you have a written lease, the full term must be honored unless the person who purchases the home wants to live in it themselves; in that event you will be given 90 days in which to move. If you don't have a lease, then you can also stay on the premises for are 90 days.

Note: There may be even more protection afforded under state law. You can consult with an attorney who specializes in such cases for more information. Since your funds are limited, try legal aid or see if there is a law school that runs a legal clinic in the area.

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. If this issue were to occur in Minnesota and you phoned me, I would certainly not turn you away. Minnesota state law governs this very issue in great detail. Please do contact a private attorney for assistance. You would want an attorney familiar with landlord tenant law and home foreclosure/foreclosure law. Attorneys often specialize and have somewhat narrow focus to their work, so do the legwork to get proper help from a qualified attorney. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.


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