When the landlord is in foreclosure, do the tenants have any rights?

Afraid of losing your home because your landlord is in foreclosure? Tenants have rights, too!

As the Florida fore­clo­sure cri­sis deep­ens, more and more peo­ple find them­selves sucked into court on a fore­clo­sure case because their land­lord stopped pay­ing the bills.

The num­ber one ques­tion these peo­ple have, is:

What are my rights when my landlord is in foreclosure?

The answer, you’ll find, is good news.

In May of 2009, the fed­eral gov­ern­ment enacted the “Pro­tect­ing Ten­ants at Fore­clo­sure Act of 2009,” Pub­lic Law 111–22. That law pro­vides that, in fore­clo­sure pro­ceed­ings on most mort­gages, the ten­ant is allowed to stay in the prop­erty even if the prop­erty is sold at a fore­clo­sure auc­tion. How long depends on the type of lease, but it’s usu­ally a min­i­mum of ninety days, and in many cases, the law allows ten­ants to stay until the lease expires.

Act now to stay in your home!

How can tenants protect their right to stay in foreclosed property?

More good news: ten­ants, espe­cially those who are listed as defen­dants in the fore­clo­sure case, can ask the court to pro­tect their legal rights as ten­ants to stay in the prop­erty. As long as those ten­ants fol­low the proper court pro­ce­dures, the court should, in most cases, pro­tect the ten­ants’ legal right to stay in the prop­erty by enter­ing a court order.

Because it is easy to make a mis­take unless you’re extremely famil­iar with court pro­ce­dures, we rec­om­mend that any ten­ants who want to pro­tect their legal right to stay in their home should have the help of a lawyer. The cost is much lower than you might think, and we offer a free half-hour con­sul­ta­tion to help you fig­ure out if you qual­ify for ten­ant pro­tec­tion under the new law. Just call us at 888−830−0830 or send us email through our con­tact page.


Photo Credit: Roy Goo­gin
Source: WikiPedia
Rights: Cre­ative Com­mons Attribution-Share Alike 3.0 Unported