If my landlord let the house go into foreclosures without leeting me know, what am I to do now?

UPDATED: Apr 12, 2012

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If my landlord let the house go into foreclosures without leeting me know, what am I to do now?

I was notifed when an agent from the bank knock on my door looking for the owner. The owner/landlord has changed phone numbers. How long do I have to move or will I be evicted by the sheriff?

Asked on April 12, 2012 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no easy answer as to when you would be evicted. First, of course, eviction is not automatic--the new owner (after foreclosure), such as the bank, must bring an action for eviction. Second, an eviction action is not instantaneous--it typically takes 1 - 3 months, from start to finish, depending on how crowded your court's docket is.

Third, there are laws to protect tenants in your situation. While their impact will vary with whether you have a written or oral lease, how much time is left in the lease, and whether whomever buys the property from the bank is looking to live there personally or not, you should get at least 90 days before they could even initiate an eviction action--and  potentially up to the full remaining term of your lease.

Finally note, that nothing stops from approaching the bank and/or whomever buys from it, and seeing if you can negotiate becoming their tenant--or least negotiate an orderly move-out, on a mutually agreed upon schedule.

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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