What Does "90 Days" Mean in Regards to Tenant Rights?
Until recently, tenants in foreclosed buildings were vulnerable to eviction. Under a new federal law, tenants now have additional rights, including 90-days notice of the intent to terminate a rental agreement when a tenant does not have a lease or a landlord intends to move into the property himself.
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Termination of Tenancy in Foreclosures
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It used to be a common practice for lenders to terminate the leases and rental agreements of tenants in foreclosed buildings. This practice has been halted by a federal law known as The Protection for Tenants at Foreclosure Act of 2009.
State and Local Laws
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State and local laws may require that new landlords give tenants more than the 90-days notice that the Protection for Tenants at Foreclosure Act sets. In such cases, the state or local law supercedes federal law.
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Protection for Tenants at Foreclosure Act of 2009
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The Protection for Tenants at Foreclosure Act of 2009 requires that new owners of foreclosed properties honor the leases of current tenants and give 90-day notice of tenancy termination to tenants without a lease.
Owner Move-In
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While the new law requires new landlords to honor current leases, if a landlord intends to move into the dwelling herself, she can terminate the lease by giving the tenant 90-days notice.
Tenants With Month-to-Month Leases
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Under the new law, landlords will need to give month-to-month tenants (also known as periodic tenants) 90-days notice of tenancy termination.
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References
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