If I my landlord is being sued for foreclosure, what are my exact rights and what procedures must I follow?

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If I my landlord is being sued for foreclosure, what are my exact rights and what procedures must I follow?

I rented a house 4 months ago and signed a 1-year lease. I rented the property through a 3rd party (a realtor) and so far we cannot find out what my exact rights are. I did find a state handbook online, which seems to say that I have the right to remain through the end of my lease or, should a buyer want to occupy the property, get 90 days notice. However, I cannot get confirmation. Also I believe that my landlord did not inform his lender that he rented out the property. I think he took a loan for a 2nd home, not for an income property.

Asked on January 15, 2013 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Until the foreclosure actually occurs--which could take months--nothing changes: your landlord is still your landlord, and you still pay him rent. After foreclosure, given that you have a written lease, you will get the longer of the remaining time on your lease or 90 days, unless the person who buys the home at the foreclosure sale wishes to live there him/herself, in which case you only get the 90 days. Note, however, that eviction is not automatic; the new buyer would have to bring an eviction action to remove you. Since filing and calendaring such an action for trial  themselves take time, you will effectively get more than 90 days minimum. Indeed, all taken into account, including the time it will take for eviction, there is every chance you will be out of there before this becomes an issue. Note also that nothing stops you from speaking with a new buyer and seeing if he/she is willing to  rent to you.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under recent 2010 federal law so long as you are current in your monthly payments for the unit that you are renting which is in foreclosure and have not breached the lease in any respect, the new owner upon a trustee's sale is required to let you remain for the balance of time left on the one year lease.


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