If you learn that the place you rent is being foreclosed by the landlord’s bank:
- You cannot quit paying rent. Non-payment is a reason to evict you, and eviction can happen much faster than foreclosure. Be extra-sure to keep records of your rent payments.
- You don’t have to move out right away.
Your Rights as a Tenant When Foreclosure is Filed in Court
You have a right to be notified by the landlord that the unit you want to rent is already in foreclosure. §
If you are already living there, you have a right to get a copy of the Summons and Complaint for foreclosure in the mail from the bank. §.
- The Summons and Complaint should tell you that your right to remain in your unit may end when the foreclosure is done.
- If you notify the court of your name and address, the court will provide you notices of the status of the foreclosure. §
- You are not required to hire a lawyer. You are not required to pay any money towards the lawsuit or your landlord’s mortgage.
You have a right to get 30 days to “vacate” (to leave) your unit from the date you are served with a Writ of Possession. § (The federal law that gave 90 days’ notice has expired.) You don’t get advance notice that your tenancy will end, other than the Summons and Complaint.
If there is a new owner after the foreclosure, you have the same rights with the new owner as you had with the old landlord.