Protecting Tenants at Foreclosure Act.
Judging from the number of questions by tenants on the AVVO Question Board, there are a great number of tenants being displaced by mortgage foreclosures on the residential properties they rent. Moreover, the attorneys who are answering the questions seem to be unaware of the “Protecting Tenants at Foreclosure Act.” This statute, effective last Spring, permits most residential tenants of foreclosed properties to stay for at least 90 days and perhaps until the end of the lease term.
Landlord-Tenant: Tenant is Entitled to At Least 90 Days Notice After Foreclosure.
Under the Protecting Tenants at Foreclosure Act, the new owner after foreclosure can no longer summarily evict residential tenants. If the owner intends to occupy the structure as a residence, he must give 90 days notice to vacate. However, if the owner does not intend to occupy the premises, the tenant must be given the opportunity to complete the term under the lease.
