What to do if the IRS is seizing my home from my landlord and I never got a notice on how long I have?

UPDATED: Nov 10, 2011

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What to do if the IRS is seizing my home from my landlord and I never got a notice on how long I have?

Does that mean I would have to move or should I stay?

Asked on November 10, 2011 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, nothing changes until the IRS actually seizes the home--until that happens, your landlord is still your landlord; you still have to pay your rent and abide by your lease, and you still have the right to live there.

Once the home has been taken from your landlord, your tenancy will be terminated, since the landlord can no longer convey tenancy. The IRS as the new owner--or anyone who buys it from them (e.g. at auction--and you may be able to buy the home)--can seek to evict you, but would have to provide notice, probably 30 days notice. Then if you still don't leave, they can file an eviction action.

Of course, they are not required to evict you right away, or indeed at any particular point--it happens when they decide to do this. So you don't need to worry at all as long as your landlord is still owner; after he is not the owner, you will presumably have to leave at some point, but will not know when until you contacted about it (or you contact the IRS or new owner yourself to seek clarity).

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