If my landlord let the house go into foreclosures without leeting me know, what am I to do now?

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If my landlord let the house go into foreclosures without leeting me know, what am I to do now?

I was notifed when an agent from the bank knock on my door looking for the owner. The owner/landlord has changed phone numbers. How long do I have to move or will I be evicted by the sheriff?

Asked on April 12, 2012 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no easy answer as to when you would be evicted. First, of course, eviction is not automatic--the new owner (after foreclosure), such as the bank, must bring an action for eviction. Second, an eviction action is not instantaneous--it typically takes 1 - 3 months, from start to finish, depending on how crowded your court's docket is.

Third, there are laws to protect tenants in your situation. While their impact will vary with whether you have a written or oral lease, how much time is left in the lease, and whether whomever buys the property from the bank is looking to live there personally or not, you should get at least 90 days before they could even initiate an eviction action--and  potentially up to the full remaining term of your lease.

Finally note, that nothing stops from approaching the bank and/or whomever buys from it, and seeing if you can negotiate becoming their tenant--or least negotiate an orderly move-out, on a mutually agreed upon schedule.


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