Malik W. Ahmad

Federal Laws Affecting Landlord-Tenant


I am posting the salient features of the new law affecting landlord-tenanct.

Protecting Tenants at Foreclosure Act of 2009 Pub. L. No. 111-22, §§ 701-704 (2009)
Congress passed the Protecting Tenants at Foreclosure Act (Title VII of S. 896, Pub. L. No. 111-22, §§701 – 704 (2009). This law immediately went into effect when President Obama signed it on May 20, 2009, and it applies to all pending and future residential foreclosures.

Tenants With an Unexpired Lease Term.
The law requires a new owner acquiring property at a foreclosure sale, including plaintiffs acquiring the property, to honor all terms and conditions of existing leases. This means the tenant can remain in the property for the time remaining in the lease term. However, if the new owner wants to live in the property, then the new owner may terminate the tenancy by giving the tenant at least 90 days written notice to vacate.

Tenants Without a Lease.
Tenants without a lease: In the case of tenants without a current lease, usually month-to-month tenants, the new owner must provide the tenant with a minimum 90 day written notice before terminating tenancy. This also applies when there is an unexpired written lease which has less than 90 days remaining.

Most Significantly, Residential Tenancies Now Survive The Foreclosure Process.
The implication of this change is that a tenant’s right to continued possession of the property is now outside the scope of the foreclosure action, and therefore the foreclosure court should no longer issue writ of possession when a bona fide tenant is in possession of the property. If the new owner after foreclosure desires to terminate the surviving tenancy, he/she must give the tenant 90 days written notice to vacate. Any notice sent prior to the certificate of title does not comply with the new statute and has no legal effect and a new notice must give a new 90 day written notice to vacate. These changes apply only when there is a “bona fide tenant” in the property, as defined in the new statute

  1. To Atty Ahmed:

    I am writing in regards to this information. We are in a house that had been foreclosed n sold to a new owner. New owner has been saying thru text n phone calls that she will evict us. We had rented this house since last year of Feb. Our lease with a property manager ended last March 2010. We have no contact w/ the owner who lives in Florida who had filed for bankruptcy and had foreclosed the house. We told new owner if not 90 days at least we have 60 days to evacuate w/c is stated on NRS 40.255. Is this true? What is our legal rights? What is our responsibilitt? Does this information you posted here works for us? We appreciate any insights. We’ve been doing research and hopefully get some legal advise. Thank you for your kind consideration. We appreciate it.

    • Recently new federal legislation has been enacted to safeguard the rights of occupying tenants. First, the new owner has to abide the original lease and its terms and cannot evict a tenant before the expiry of the term of the original lease. However, if there is no term defined than 90 days for the current tenant. If your leases ended in last March, 2010, you are a month-to-month tenant and can be evicted with one month notice. My impression is that you still entitled to stay for 90 days after the first notification to you from the current owner. In any case, judicial eviction would take place in that period of time anyway. He has to file a 5-days notice to evict, than get a court date of 20 days and if you reply to opposition, may get additional time. The judge also can give you at least one month upon showing need for children going to shcool, or other time period to move out. If you oppose, it would cost your new owner at least 2000 to 2500. Tell him to stop texting you and send you letters instead. Also, tell him that you are willing to pay the formerly agreed upon rent.

  2. To Atty Ahmed:

    I am writing in regards to this information. We are in a house that had been foreclosed and sold to a new owner. New owner has been saying thru text n phone calls that she will evict us. We had rented this house since last year of Feb. Our lease with a property manager ended last March 2010. We have no contact w/ the owner who lives in Florida who had filed for bankruptcy and had foreclosed the house. We told new owner if not 90 days at least we have 60 days to vacate the house w/c is stated on NRS 40.255 Nevada Law. Is this true? What is our legal rights? What is our responsibility? Does this information you posted here works for us? We appreciate any insights. We’ve been doing research and hopefully get some legal advise. Thank you for your kind consideration. We appreciate it.

  3. Thank you for responding back I appreciate it a lot. We are on our way to the Tenant’s Rights Center to get some counselling. The new owner had left a 3 days notice to quit documents from her lawyer today. We don’t have money to get a lawyer but willing to represent ourselves in court when eviction starts. Thank you again for the information.

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