I just received a three day notice to vacate.

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I just received a three day notice to vacate.

What are my rights? I was notified today with a 3 day to vacate notice. I was not given any notice from the buyer with whom I thought I was purchasing the home from. In July, I received a vague text that said the home was being foreclosed. My daughter is in the process of purchasing another home but closing is not until end of August or beginning of September. I am disabled, in a wheelchair and if we are told we have to move, then I will be homeless. Every penny that we have is going toward getting the new home.

Asked on August 3, 2017 under Real Estate Law, Texas

Answers:

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

Answered 4 years ago | Contributor

The law gives some rights and protections to a tenant if their rental unit is foreclosed on. When a home goes into foreclosure, a tenant who has a written lease can continue to occupy the premises until he longer of the end of their lease or 90 days. The exception is that if the new owner intends to move in and occupy the home as their primary residence, then in that case, a 90 day notice to move applies. A tenant with a month-to-month lease has to be given at least 90 days notice to move. You should be aware that sometimes an incentive can be negotiated between a new owner and a tenant so that the tenant agrees to move out early. It is clled “Cash for Keys”, whereby an owner will pay a tenant to leave the property early in exchange for a cash payment. The amount and timing of the payment is negotiated on a case-by-case basis.

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

Answered 4 years ago | Contributor

No you cannot lock out this tenant or take any other self-help measures (i.e. cutting off utilities, removing their belongings, etc.). If you do, then they will have a cause of action against you. If this person fails to remove themselves at the end of the lease term, then you will have to file an "unlawful detainer", which is just another name for eviction.


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