As a tenant, how long do I have to find a new place to live after a foreclosure auction?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

As a tenant, how long do I have to find a new place to live after a foreclosure auction?

I am currently a tenant and just found out that in 2 weeks the house I am living in is going to a foreclosure auction. I have found online that if it is purchased at the auction that with an exception we have a contract terminable at will the new owner must give us 90 days to vacate. Is this true? If not, how long do I have to vacate? We have found a new place to live but cannot more there for another month.

Asked on June 20, 2016 under Real Estate Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Federal law gives a tenant protection in the event that their rental is foreclosed on. It requires that when a home goes into foreclosure, a tenant who has a written lease can continue to occupy the home until either the longer of: the end of the lease or 90 days. There is an exception if the new owner intends to move in and occupy the home as their primary residence. In such a case, a 90 day notice to move would apply. A tenant with a month-to-month lease, or no lease at all, must be given at least a 90 day notice to move.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption