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I am the tenant.
Anonymous2 views2 answers
I am a tenant in a house in california that went on foclosure. On january 1st the landlord came to pick up the rent. N today he says he wont be collevting rent anymore because he lost the house. He said the house was suppose to sell at an auction on januany 13 but that it was delayed 90 days. What is going on? My lease is up in may. What should i do? Whats going to happen?
It is not clear by the facts you have provided whether or not the house has actually been sold; however, that may not matter. The Protecting Tenants at Foreclosure Act of 2009, provides tenants at least 90 days notice if they reside in a property that has been foreclosed on. You have not been asked to leave by the purchasor of the property, so you will probably be fine until the end of your lease. As stated, if the Act applies to you, then you will get at least 90 days notice.
You have the right to stay as a tenant until May 2011 pursuant to your lease. If the foreclosure sale occurs in May, then your right to remain depends upon the buyer at the foreclosure sale.
You can stay 90-days after the foreclosure sale if you pay rent to the new owner. The Protecting Tenants at Foreclosure Act of 2009 (PTFA), part of the Helping Families Save Their Homes Act of 2009 (Public Law 111-22, approved May 20, 2009), requires that tenants residing in foreclosed residential properties be provided notice to vacate at least 90 days in advance of the date by which the immediate successor, generally, the purchaser, seeks to have the tenants vacate the property. Except where the purchaser will occupy the property as the purchaser's primary residence, the terms of any bona fide lease also remain in effect.
