what does The Protecting Tenants at Foreclosure Act, of 2009 says and what your legal opinion on how would be safest way fot tenant to preceed so tenants rights are protected???after property is sold at auction how can tenant make sure to legally stay for the 90 days that the tenant act aloud. any paper need to be filed? does tenant need to set up a hearing with judge? or should hoa send notification of a court apearance to decide future of tenant? or law does not required hoa to do anything other than evict, is the responsability of tenant to fight for tenants rights??
detail: is a hoa foreclosure, tenant never went to court, or never answered anything, month to month no contract , hoa buying property at auction, hoa know there is tenant, hoa wants tenant to move out
The Protecting Tenants At Foreclosure Act can be found at:
Yes, if you are the tenant, it is your job to make sure that your position that you are covered by the Protecting Tenants At Foreclosure Act is known to the court and to the Sheriff and to the HOA. If in fact you are covered (read it to find out), if you had nothing more than a month to month tenancy, they must give you 90 days after the certificate of title is issued to vacate, which is usually 10 days after the sale is concluded. Unless the Sheriff's office admits that they will not attempt to put you out sooner, you should consult a landlord-tenant attorney to assist you.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
Landlord / Tenant Lawyer
You can file with the Clerk of Courts your written Lease Agreement and a letter addressed to the judge briefly explaining to him or her your name and the fact that you are a tenant at the property address "x."
Make sure to write the case number in the upper right hand corner of the letter.
Take the paper (one-page letter plus copy of the written lease agreement , if you have one)
to the Clerk of Courts and mail a copy to the landlord, landlord's attorney, the Plaintiff mortgage company's attorney, and any other party to the lawsuit of which you are aware. (Look for "service list" at the end of papers you may have for the lawsuit)
If you don't have a written lease agreement, briefly state in the letter how much rent is, the property address, how long you have lived there, and what day of the month that rent is due.
Good luck! Remember that you still must pay rent to the current owner and then after the sale to the new owner. You can look online or call the clerk of courts to see if the sale date has been set. The Act does protect tenants who are current on rent. You can still be evicted if you fail to pay rent.
The most important first step is to put everyone on notice including filing the lease with the Clerk of Court. Read the Act and with a little research you should be able to handle this on your own. The previous answers are very good, but the quick answer is the notice is where to start.
The Act will protect you as tenant however you will be required to file something with the court to protect your rights. If your lease was month to month they must give you the required time to move out. Please make sure you have an attorney represent you and protect your rights