If my landlord is losing the house due to back taxes, what can be done?

UPDATED: Apr 17, 2011

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If my landlord is losing the house due to back taxes, what can be done?

I just moved into a rental property 3 months ago andhave a 1 year lease.

Asked on April 17, 2011 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, you probably don't have any recourse. When the home is foreclosed, the landlord loses his interest in and rights to it; that means that he can no longer grant tenancy, occupancy, or possesion to anyone else--he can't give what he himself lacks. So the foreclosure will cut off your lease.

The good news: under federal law (I believe it's called the "saving our homes act,") you should be  able to get at least another 90 days even after a new owner (e.g. whomever takes it  after foreclosure sale) seeks to evict you. So first the foreclosure must happen; then the foreclosure sale; then the new owner seeks to evict you; then you can get extra time...overall, it may well  be that you can effectively get the entire period of your remaining lease.

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