Wednesday, August 21, 2013

Tenants and Foreclosure

I keep having the issue of what rights tenants have when a property is foreclosed come up in several of my cases as a side issue.  Here is a little info that may be of help.  The Protecting Tenants at Foreclosure Act of 2009 is a federal law that allows renters to remain in a foreclosed building for the duration of their lease. Tenants who have a month-to-month lease or who are under an oral agreement -- so-called tenants at will -- can stay at least 90 days from the date they receive a written eviction notice. Because this is a federal law, it applies to renters in every state, city and town. The only exception is if the new owner plans to live in the unit himself before the lease or the 90-day period expires.   In that case the buyer may terminate a lease with 90 days' notice. Importantly, the law provides that any state legislation that is more generous to tenants will not be preempted by the federal law. These protections apply to Section 8 tenants, too. 

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