If a house being rented goes into foreclosure do the person renting the house have to continue paying rent?

UPDATED: Sep 30, 2022

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If a house being rented goes into foreclosure do the person renting the house have to continue paying rent?

I’m renting a house that is in foreclosure and the owner thought he house was
foreclosed on months ago but the overseer or manager was still renting the house
to me and now the owner found out and told me the house was in foreclosure and he
will start coming to get the rent personally. He said the bank will probably
come around and ask us to leave so do I continue to pay rent or can I stop and
strt saving to move??

Asked on March 25, 2016 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have to keep paying rent during the foreclosure process until the owner is no longer the owner (i.e. until the bank has taken the home). As long as the owner is the owner, even if foreclosure is imminent, nothing has legally changed: he can still rent to you, and you are still renting from him. If you fail to pay during this time, you can be evicted and sued for the unpaid rent. Once he no longer owns the home, however, he can't rent to you and has no right to collect rent, even if you are still living there (e.g. the bank, or whomever buys it at the foreclosure/sheriff's sale, has not removed you).

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 AttorneyPages.com 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.

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