What rights do leaseholders have after a sheriff’s sale?

UPDATED: Aug 5, 2011

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What rights do leaseholders have after a sheriff’s sale?

I just found out today that my condo that I’m renting is going to sheriff’s auction in 3 days. I have a 1 year lease going until the end of the year.

Asked on August 5, 2011 Nevada


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Pursuant to federal law requires, when a home goes into foreclosure tenants who have a written lease can continue to occupy the premises until the longer of: the end of the lease period, or 90 days. The exception being if the new owner intends to move in and occupy the home as their primary residence. In that case, a 90 day notice to move would apply. Those tenants with a month-to-month lease, or no lease at all, have to be given at least 90 days notice to vacate.  Further, in cases where state law provides more protection than the federal law, the state law applies.

A tenant should be notified by the mortgage lender as to the sale date of the property.  After this time, the landlord will no longer be the legal owner.  The tenant should will be informed where to send their rental payments by the new owner.

As for the security deposit, the landlord is responsible for its return. If the tenant is unable to get it returned, they will have to sue their landlord in small claims court.

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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