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New local renter laws, new federal laws, much confusion for tenants who have to enforce these laws themselves.
Renters across the country have been given an avalanche of new laws they can use to protect themselves. That last part there, "protect themselves", is pretty important. As a tenant you need to understand that the new laws are "self enacting" which basically means that you have to make the law work for you. There is no government agency that has been created, or existing agency appointed, to make sure that you are protected by these new laws, it's entirely up to you. If your landlord is foreclosed on and the new owner tries to evict you, you have to make the law work for you by going to court and using the law to fight the eviction. The law is on your side, but only if you are able to use it. That usually means taking time off of work to answer an eviction notice in court or hiring an attorney to do it for you. There should be an easier way but at least having the law available is better than the previous way tenants were treated in foreclosure situations. We still have a long way to go but we're getting there! Learn the laws in your area and how the federal laws effect you. Most importantly, learn what you need to do to use the law to protect yourself. We will do the best we can to break down state and federal laws here so tenants can educate themselves.
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Replies to this article:
October 23, 2009, 5:36 am Posted By Denise in GA from Georgia
It is amazing to me, that all of the legal counsel I have contacted, including Legal Aide, Landlord/Tenant.org, and several attorneys that say they specialize in landlord/tenant issues don't even know about this law that was set in motion back in May 2009 to protect renters in the event of foreclosure. I even contacted the NAACP. I am appealing to investigative news to get the word out, because there are many families caught in the middle. We all have to do our homework. Knowledge is power (so they say) Just think, if all these different agencies are not aware of the new law, can you imagine how many people will have judgements against them and be forced to move because I am willing to bet, the judges in the court house don't know either.
September 26, 2009, 6:42 pm Posted By Nicole from Missouri
There was a new federal law passed in May 2009 that says that if you can show your lease and that you can prove that you have paid your rent every month the entire lease agreement, then you can stay. You have to send that information to the bank and still deal with the eviction processes. But you can stay. Our duplex was put into foreclosure that we are renting and we decided to just move, 3 kids and never home, we didnt want to deal with the stress of a sherriff coming to our duplex all the time. It depends on how bad you want to fight it.
September 23, 2009, 7:47 pm Posted By Karen from California
I am a Realtor in California. The foreclosure process can take anywhere from 5 months to more than a year. While this process takes place the property is still owned by your landlord, even though he/she has not made payments to the bank. So, even though he/she is not making the payments, you still live in the property and therefore owe the rent. Once the trustee sale takes place and ownership changes DO NOT PAY THEM. You do have the option (rental agreement permitting)to move. If you stay the new owner (bank or person) will contact you at some point. There are laws about the amount of time you have to move. And most banks will give you an offer of CFK - cash for keys. Hope this helps.
August 17, 2009, 12:56 pm Posted By Lisa Moore from Texas
How will the law work for me
August 17, 2009, 10:14 am Posted By Carolina from Nevada
My Landlord is a realator Agent and has let the house we rent from her go into forelclouser she didn't even tell use but we got a notice in the mail. Now she is trying to get us into one of her listings for another rental that she does not own. She has taken my money for 5 months and not paid the mortage and know i am suppose to give her more to move into a new place. Somethings not right. I have heard a lot of information but nothing concrete. this is very confusing.
August 4, 2009, 10:23 am Posted By John from Indiana
What are my rights as a renter in Indiana?
July 31, 2009, 2:12 pm Posted By mario from Nevada
that is exactly what we need to do...appeal to the lwas on oue side
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