the duplex i am living in was forclosed on and sold at a court house auction today. the new owners came by asked to look at my side of the duplex and i allowed him to do so. then he told me the shierff would be here monday and i have 1 week from that date to leave the property. i am on a month to month lease. dose that 08/31/2009 Protecting Tenants at Foreclosure Act of 2009 apply in this case?
Probably… You most likely have 90 days from the time the new owner gives you notice… They can not just kick you out… BTW you do have to pay them the rent…
Here is the new law http://www.michaelquarles.com/S.896RenterProtections.pdf
Micheal,
Lets be practical rather than legal;
If a cop with a gun shows up next week says you got to go, I figure this guy has 3 choices at that moment;
- get out
- recite him the new law as he printed it from the internet, telling him his new ‘Obama’ tenant rights
- go get bigger gun than the cop has
How long you think he’s going to listen you talk before removing your stuff or maybe slaping the cuffs on and reciting your rights to YOU? He could end up on the next episode of COPS
I recommend option #1, and if you are right about the new law, I would get a lawyer on pro-bono fee contingency to file suit against the county for wrongfull eviction. All this would probably be settled by having a beer with Obama and the cop who threw him out!
And, keep this form going to let everyone know how this turns out.
I think they should make a new reality TV show out of the new foreclosure laws and process… It wouldn’t be hard to find the location…
Actually, I think attorney’s like to have fun prosecuting cops who don’t know the law. And most City’s have pretty deep pockets, so an attorney could easily justify taking the case on a contingency basis.
This law is actually a VERY good law, as it ameliorates a nasty problem, foisted on, perhaps, an unsuspecting tenants. The hardship a tenant incurs; one who has paid rent during the foreclosure process and was surprised to discover the property was foreclosed on, shouldn’t be evicted because of the landlord’s failure to pay.
I’d like to see how this shakes out, but I believe this is a new FEDERAL law and cops will become aware of it very shortly, if they are not already. It’s not a good idea for the local gestapo to break Federal laws and to plead ignorance of the law, IMO. I have a feeling a judge wouldn’t have much empathy.
Call up the lender (NEW OWNER) and tell them you want cash$$ for keys. They will give you that 99% of the time. They aslo will work with you on a moving date.