I purchased a home at foreclosure. I was aware that there was a tenant in possession when I purchased. I was not aware that the tenant was using a housing voucher to pay part of the rent. What do I do now?
The new law also protects tenants who rent using housing vouchers. The new owner who
purchases at a foreclosure saleis legally bound by the tenant’s lease a d the Housing Assistant
Payment (HAP) contract entered into by the prior owner and the housing thority. If a tenant
has an unexpired lease, the tenant has a right toremain in the unit until the end of the lease term.
Only if the purchaser at foreclosure intends tooccupy the property as his residence can the lease
be terminated and the tenant must receive a ninety(90) day notice before the lease is terminated.
The new owner must follow the Housing Asance Payments (HAP) contract between the
former owner and the housing authority. The w owner will receive rent payments from the
terminate the lease and the HAP contract by givinthe tenant at least nnety (90) days notice
prior to the end of the lease and HAP contract. The new owner can terminate at any time if the
voucher tenant violates any terms of the lease or fails to pay rent.
The home I rent was sold at a foreclosure sale. The landlord would never make repairs and now I just want to move. Do I have to stay and rent from the new owner?
The Protecting Tenants at Foclosure Act’s language does notstate that the tenant is
required to remain in the unit. The original ndlord’s loss of the prop rty to foreclosure gives
the tenant the option ofdeclaring the lease between him and thelandlord at an end. The tenant
could decide to move and not receive the protection of the new law.
The home I rent was foreclosed upon and the new owner has filed in court to have me evicted what do I do?
If you rent property that is foreclosed uponthe owner must follow the new law. If the
purchaser at foreclosure files to evict without giving the required notice, the tenant should file an
answer and tell the court the law was not followed. The law that provides these protections is the
Protecting Tenants at Foreclosure Act, Pub. L.No. 111-22, § 702 (2009). You can also file a