If my house just went into foreclosure and I have tenants living there, can they sue me?
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If my house just went into foreclosure and I have tenants living there, can they sue me?
They have lived there for 5 years; the first year on a lease and then month-to-month.
Asked on May 7, 2012 under Real Estate Law, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is always the possibility that your tenants can sue you for letting your home go into foreclosure. However, under 2010 federal law, if you lose your home in foreclosure, your tenants as long as they are current in their monthly rental payments are allowed to stay in the unit under the following conditions:
1. though the end of their lease's term if the lease is more than a month-to-month rental;
2. if a month-to-month lease, the tenants are entitled to at least 90 days written notice of termination of the lease from the new owner.
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