If the house I rent goes up for short sale, does the homestead law apply to me even though I don’t own the house?
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If the house I rent goes up for short sale, does the homestead law apply to me even though I don’t own the house?
My family and I have rented the home we are in for about 2 1/2 years. Last month the owner of the house called us to inform us the house is going up for short sale because he has not been paying the mortgage. I know in my state the homeowner has the right to stay in the house until it sells. Does that law also apply to me as a renter?
Asked on January 7, 2012 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The homestead laws in all states in this country only applies to the owner of the property of record and not to any tenants of the property.
If the property you are renting is being sold on a short sale basis, there is the possibility that your lease comes with the sale of the property if it is longer than a month-to-month basis then there is a very good likelihood that the new owner takes the property subject to the lease that you have. If you wish to remain in the unit that you are renting, then you should carefully review your lease to see what it states as to your ability to remain in it after close of the homes sale.
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