What are my rights to continued occupancy if my landlord filed bankruptcy and the house that I live in was sold at auction and now I have only 48 hours to vacate?

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What are my rights to continued occupancy if my landlord filed bankruptcy and the house that I live in was sold at auction and now I have only 48 hours to vacate?

The lender had a sherriff deliver me an eviction notice saying that I have 48 hours to get out or the sherriff’s will force entry and put my belongings in the street. Can this be done? Also, the eviction notice is for my landlord, it does not have my name on it.

Asked on June 15, 2015 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, while there used to be a federal law to protect renters in your situation, that law has expired. As a result, when the person from whom you get legal possession (i.e. rent; so your landlord) is evicted, you are evicted, too, because you have no more right to stay there than he does (that's why the notice is addressed to him; it's evicting him, but anyone who gets the right to stay there from him has to go, too). You can go to the court and seek a court order giving you more time--even if only a few days or week to pack and move in a more orderly fashion--but its not a given or guaranty that you'll get more time. You have to be prepared to leave on schedule, unfortunately.


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