What to do if I rent a room in a home where the owner also resides and the home was foreclosed on?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I rent a room in a home where the owner also resides and the home was foreclosed on?

Recently he tells us that the home was bought and we have 30 days to move out (me, another roommate and my wife). I checked online and the home was sold at a foreclosure auction. I personally never received a notice of trustee sale. I signed a very brief “notice to vacate” agreement with the new owner (investment company). I later found out under Helping Families Save Their Homes Act we have 90-days minimum. Does this still apply even though the owner resides there? Is only 30 days is required when the owner resides with the tenants? Would the federal law supersede the state law?

Asked on January 21, 2013 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under 2010 federal law you have 90 days from the time the new owner of the foreclosed property gives you written notice to vacate assuming you are on a month-to-month lease and if you are current on your lease. If you have a long term lease, the new owner must let you remain in the unit until its term ends assuming you are current on your rent.

State law supersedes federal law on your matter under the 10th Amendment of the United States Constitution.


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