What rights do i have when the house im renting goes into foreclosure?

Asked over 5 years ago - Clearfield, UT

I have been renting a house for 3 yrs, I recently found out the house is in forclosure, i found out when i had people coming to my door offering to buy the house! Then i contacted the owner an he said yes it was in foreclosure, along with 4 more of his houses,I found out thru research that once the bank owns it, they will give 48 hrs to 3days to vacate, so i refuse to pay the landlord anything since he isn't using it to pay the bank an i will need it to move! The owner is now harrassing me to pay him the rent, i feel as though why should i, I have paid him all along an he took my money with bad intent since he never paid the bank, can i get in trouble for refusing to pay? And can i take him to court for my deposit an the last 3 mnths rent that i paid before it went into foreclosure?

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . President Obama signed S. 896, P.L. 111-22 on May 20, 2009. This bill includes a nationwide 90-day pre eviction notice requirement for tenants in foreclosed properties. The bill was effective on enactment May 20, 2009.

    You are entitled by law to 90 days notice prior to eviction and
    you are allowed to occupy the property until the end of the lease - with that same 90 day notice if the property is being sold to a purchaser who will personally occupy the property, e.g. not an investor. . . You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

  2. Howard Robert Roitman

    Contributor Level 17

    Answered . I work in Las Vega not UT. You must see a local Lawyer who Knows foreclosure! This came on one of my feeds: I do not know if it applies to your case:

    NEW protections for Renters!
    A new law passed by Congress and signed by President Obama provides protections for tenants whose landlords fall into foreclosure. Under the Helping Families Save Their Homes Act, tenants have the right to stay in their homes after foreclosure for 90 days or through the term of their lease. The bill also provides similar protections to housing voucher holders. The protections go into effect immediately and expire at the end of 2012.
    Renters - If you’ve received an eviction or auction notice:
    1. Call the Sheriff’s Department in your area. Find out how long the foreclosure process takes. Is it 60 days or 90 days? Then you'll have a timeline to work with and time to prepare for the worst-case scenario.
    2. Learn the Nevada laws for tenants at http://www.hud.gov/local/nv/renting/tenantright....
    3. The lender's name or its lawyer will be on the eviction notice. Contact either one to let them know you're in the property. Find out what your options are. Will the lender let you sign a new lease or is the bank offering some cash assistance for moving out? Don't let the lender bully you into moving out sooner than stated by law.
    4. If you're nervous negotiating with the lender on your own, contact a local nonprofit housing counseling agency for help.
    5. You may also want to contact an attorney.

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