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What our the options if they tell us to leave? 30 day notice? what if we can't get out by that time?

Las Vegas, NV |

Short saled house 1/1/12. B of A refused short sale and put on auction. 1/21/12 sold. We were offered to rent our house of 20 years. Never been late on monthly rent. Payments deposited in corp. bank acct. on the first. Unable to get a response from owner as to if we can stay. E-mails and calls to him for the last month. The lease is up 2/1/13. 20 years and 5 kids lots of stuff to move if they will not renew lease. Plus husband hasn't worked in 2 years and we are taking care of my son who has been very ill and just got out of the hospital. Finances would make it almost impossible to move. We were approved by gov. to check and see if were were eligible in the case against Bank of America. No response from them yet.

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Attorney answers 2


This isn't a foreclosure question, it is an eviction question. If the landlord won't renew the lease but continues to accept your rent check, you have a month to month tenancy. Either or you can terminate the relationship with a 30 day notice. If the landlord refuses your rent money, they have to evict you to force you out. If you pay close attention to the eviction paperwork, and respond promptly, it is likely that the JP in LVJC will give you additional time to move, especially if you have offered to pay your rent. Hope this perspective helps!


There was a law passed in 2009 called Protecting Tenants at Foreclosure Act of 2009, however it expired on 12.31.12 and I am not sure if it will be extended given that Congress cannot seem to come to terms with anything at the moment. It basically states that "Under the law, the immediate successor in interest at foreclosure must (a) provide bona fide tenants
with 90 days notice prior to eviction and (b) allow bona fide tenants with leases to occupy property until the end of the lease term, except the lease can be terminated on 90 days notice if the unit is sold to a purchaser who will occupy the property." Basically you will probably have another 90 days in the home, since your lease is up on 2/1/13 and you will be living there on a month to month lease. For more information you can also visit this site:

Sometimes you can ask the new owner for moving assistance money also called cash for keys or more months to stay in the home.

Sandy Van

Sandy Van


If you find this answer please vote it as the best answer. Forgot to mention that in my original post. Thanks.

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