If the house I rent goes up for short sale, does the homestead law apply to me even though I don’t own the house?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If the house I rent goes up for short sale, does the homestead law apply to me even though I don’t own the house?

My family and I have rented the home we are in for about 2 1/2 years. Last month the owner of the house called us to inform us the house is going up for short sale because he has not been paying the mortgage. I know in my state the homeowner has the right to stay in the house until it sells. Does that law also apply to me as a renter?

Asked on January 7, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The homestead laws in all states in this country only applies to the owner of the property of record and not to any tenants of the property.

If the property you are renting is being sold on a short sale basis, there is the possibility that your lease comes with the sale of the property if it is longer than a month-to-month basis then there is a very good likelihood that the new owner takes the property subject to the lease that you have. If you wish to remain in the unit that you are renting, then you should carefully review your lease to see what it states as to your ability to remain in it after close of the homes sale.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption