The Protecting Tenants at Foreclosure Act Gives New Rights To Renters

Historically, renters haven't had many rights if their landlord stopped paying the mortgage. A lender took back the home, and the renter was forced to vacate. But with so many renters getting tossed out, Congress changed the rules in May. The Protecting Tenants at Foreclosure Act says renters must be given at least 90 days to leave. The Helping Families Save Their Homes Act of 2009 signed into law on Wednesday, May 20th, 2009 provides a 90-day notice requirement and additional protections for tenants in foreclosed properties. Below you will find the major provisions outlined under Title VII, Protecting Tenants at Foreclosure Act of 2009. These provisions expire on December 31, 2012.

- During the term of the lease, the tenant has a right to remain in the unit and cannot be evicted, except for actions that constitute good cause.

- If the lease ends in less than 90 days, the new owner may not evict the tenant without giving the tenant at a minimum 90 days notice.

- At the end of the term of the lease, the new owner may terminate the tenancy if the new owner provides a 90-day notice.

- The new owner may terminate the tenancy if the owner will occupy the unit as a primary residence, and has provided the tenant a notice to vacate at least 90 days before the effective date of such notice. This is the only exception to the rule that the tenant may not be evicted during the term of the lease.

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