Does illegal tenant has the 90 days protection? What define as "illegal tenant" or "trespasser"?

Tenants made an agreement with unknown person that is not the recorded owner (owner has been foreclosure and move out). There is no written lease agreement. Tenants said they already prepaid the landlord (cash) and currently landlord moved to California. Can they evicted immediately for "illegal tenant" or/and trespassing? They can be someone who knew that the house is vacant and decided to move in while the bank doesn't know or assume that the owner is still living inside the foreclosed home. They are not the owner and landlord is not the owner.

Las Vegas, NV -

Attorney Answers (2)

Richard Edmund Hawkins

Richard Edmund Hawkins

Chapter 11 Bankruptcy Attorney - Las Vegas, NV

You are really beyond the scope of what can be answered here.

You need to sit down with a lawyer for a paid consultation to figure this out.

The short answer is the principle that a thief cannot convey title, but you have complications that would need to be evaluated.

Cheryl Rivera Smith

Cheryl Rivera Smith

Real Estate Attorney - Frisco, TX

I believe they could be innocent victims, just as normal tenants are. I wouldn't take a chance on an early eviction and would follow federal law. They do have an obligation to pay rent while they are there to the new owner. You can review the law to see if any exceptions apply.

Related Topics

Property rental agreement

A rental agreement is a contract outlining terms of tenancy for a certain period of time. Short-term rental agreements may renew automatically until cancelled.

Featured Legal Guides

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Featured Legal Guides

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.