What to do if I rent a room in a home where the owner also resides and the home was foreclosed on?
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What to do if I rent a room in a home where the owner also resides and the home was foreclosed on?
Recently he tells us that the home was bought and we have 30 days to move out (me, another roommate and my wife). I checked online and the home was sold at a foreclosure auction. I personally never received a notice of trustee sale. I signed a very brief “notice to vacate” agreement with the new owner (investment company). I later found out under Helping Families Save Their Homes Act we have 90-days minimum. Does this still apply even though the owner resides there? Is only 30 days is required when the owner resides with the tenants? Would the federal law supersede the state law?
Asked on January 21, 2013 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under 2010 federal law you have 90 days from the time the new owner of the foreclosed property gives you written notice to vacate assuming you are on a month-to-month lease and if you are current on your lease. If you have a long term lease, the new owner must let you remain in the unit until its term ends assuming you are current on your rent.
State law supersedes federal law on your matter under the 10th Amendment of the United States Constitution.
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