I would assume so right?
Tenants in Foreclosed Houses Must Receive 90 Days Notice to Vacate
PTFA provides that if there is a foreclosure on any dwelling or residential real estate after May 20, 2009, the person who takes legal title after foreclosure takes the property subject to the following terms:
•The new owner must give any preexisting "bona fide tenant" at least 90 days notice to vacate the premises.
•The 90-day notice requirement applies if the tenancy is for a term of years, month-to-month or terminable at-will.
•The 90-day notice requirement applies even if the renter has no formal lease but does have a verifiable history of paying rent.
•Unless the purchaser of the foreclosed property intends to occupy the premises as his or her primary residence, the new owner cannot break the lease.
Read more: http://law.suite101.com/article.cfm/the_protecting_tenants_at_foreclosure_act#ixzz0U7NZwLLH
Check my next post down.
-- Modified on 10/16/2009 10:40:53 AM
Legal Aid Center of Southern Nevada
http://www.lacsn.org
Or, Nevada Legal Services. They have a self help center for private landlord/tenant matters.
You can't be legally locked out without the 90-day federal notice.
The place is located downtown one or two blocks There is a place that offers free assistance located downtown, off LV Blvd. Think it runs parallel and east of LV Blvd (between Charleston and Freemont). I don't remember the name. They are there to give assistance to renters, not landlords.
I was also going to suggest the new bill that was passed, but you already found it. There is a nevada state site with the whole bill on it.
You can also look up for free, info about the property, find out who the owner is, there address, what documents are there on the owner and the property, it is on clark county website, assessors office and recorders office (accessclarkcounty.com)
If you received a Notice of Default on owners behalf, there is usually a few months time before the bank forecloses. Ask the owner what is going on (if they tell the truth). They maybe doing a loan modification with the bank and haven't paid the mortgage to qualify for the modification.
I think you have to pay rent as long as you are living there. Wish I had a place to rent to you, all the best.
OK I am a licensed Real Estate Broker in CA. I made my money in real Estate buying and selling forclosed properties.This exact situation has come up with us in the past That being said there is a lot of questions that are important to know about this case. First of all was the person you were renting from a Licensed agent or Property management company. This is important in damages for you did you have an existing (recorded) Lease on the property. As for just changing the locks they CANT DO THIS. If you have any questions feel free to drop me an email if you still have it. If you dont have my email address anymore please post here for it and I will send it to you through your site ( i dont want my email address or cell number posted on this site) I will be happy to help you the best I can.
real estate is my pastime so here is a quick 411 for the latest scams of rentals in this day and age..
Do a property search to see if the mortgage is up to date..
I BELIEVE IT IS ALL PUBLIC KNOWLEDGE
yet, another avenue is a broker or realtor can do a property search and allow you to know the upto date info/ property status.. taxes,liens ,etc..
I have heard thru the grapevine that the latest scams are homeowners knowing their property is going under and so they rent /lease(take your money) dont make payments as per their mortgage and now the renter has the short end of the stick..as per your scenario and the govt /bank is basically an elusive "big brother" who doesnt care..
also, yor landlord probably skipped town, filed bankruptcy,or MIA
As always you are on top of your game Sara...
feel free to contact me if i can be of any help..
respectfully
Lovely Lorena just a real estate hobbyist!!
This has been happening for the past year! In Chicago, the County Sheriff stopped evicting renters because of this problem. They are supposedly providing proper notice before eviction now. The problem isn't with the renter, its with the landlord.
Another new thing is when a homeowner (with good credit) is so far upside-down on the mortgage, they just walk away. Banks are becoming savvy to this and are much more restrictive, especially on high-end properties.
you have to get a written NINETY DAY notice from the new owner, and ask for deed and title to verify that the NEW owner is who they say they are. Google renters rights for foreclosure in Nevada.
thank you OBamA, it's about the only thing he passed that helped tenants.
Google foreclosure rights in Nevada and national, and you will find that ninety day notice is required.
NO YOU CAN NOT BE FORCED TO PAY DOUBLE RENT !!
And furthermore , they CAN NOT CHARGE YOU RENT until after SIXTY DAYS !
And in addition, if they want you out sooner then you politely tell them that you would be happy to move if they gave you CASH FOR KEYS. I would ask for $5000, or at least as much to cover your rent, your deposit, and your last month rent.
Your agreement is a contract and it is still good with the old owner. You did not wave your rights via foreclosure process. If they force you out for what ever reason , then you can sue your old owner for breach of contract. And IMHO you also have a lawsuit against these bastards for not serving you notice. They are supposed to POST on your PROPERTY that the unit is being foreclosed upon, as well as post to the owners who were foreclosed upon. The posting would have all the details if they go to public auction, etc.
Also, go to realtytrac.com
http://www.realtytrac.com/
enter your address and see if it has indeed gone to foreclosure, check ALL the areas: default, pre foreclosure, foreclosure, bank owned. Enter your address in each category.
http://www.nolo.com/legal-encyclopedia/article-30064.html
parts of this may apply, although it is for san diego
http://www.tenantslegalcenter.com/html/foreclosures_tenant.html
google nevada tenant foreclosure law also
if you want to discuss on phone give Nikki a call, she is only one I talk to on TER on somewhat regular basis since by best friend ever Roxy passed away, she has my number.
FYI I am NOT a lawyer, liar, I am not a real estate agent, I am not qualified in any of this but I know alot about this because I just happen to know about it. So don't sue me, or hold me responsible for anything. I am just trying to help
ez
since this question involves both state and federal law and you did not specify where you rent.
But the drill usually goes like this:
1. If your bona fide lease PREDATED the mortgage, then the foreclosure purchaser under the laws of most states took subject to your lease and is your landlord. You have to pay him now but he also must honor your lease for the term so long as you keep paying. If your state follows the majority rule, the new federal statute does not affect this result since it is expressly made subject to state law providing greater right for tenants.
This means he cannot kick you out on 90 day notice even if he plans to move in.
The lock out was a clear breach of contract by the new buyer if he ordered it.
No, you don't get 30 days rent fee. You still have to pay rent to the new buyer but not the old one. Double rent never.
2. If your bona fide lease was SUBSEQUENT to the mortgage, then the rule in most states is that the foreclosure sale terminated your lease, unless your lease provided otherwise (a non disturbance agreement inserted by savvy tenants).
The new federal statute changes the default rule in residential leases by requiring that you be given 90 notice and requiring the new buyer to honor your lease, subject only to the exception that he can terminate it on 90 days notice if he plans to occupy for his primary residence.
Lock out still a breach. You still have to pay him rent for the remainder of the lease term. Double rent never.
If you have a term lease, relator cannot change it to month to month.
3. Your security deposit? That is a state law matter. Most have statutes require your former landlord to return the deposit to you, or give you notice of the new buyer and transfer it to him. Check the statute in your state.
critical path item
did you rent there for more or less than one year?
two possible paths are forward from
the answer to that question.
Here's what happened to us last spring.
The condo we rented in San Diego was foreclosed around the first of the year. We never received any official notice, although I knew of the foreclosure. In fact I tried to buy the condo as a short sale, then at the trustee sale, then as an REO and the stupid bank wouldn't make a deal.
So we just sat around waiting for the bank to give us a 60 day notice which never came. Our first notice was a Sheriff's notice. I had to hire a lawyer for $1,000 to get it set aside because they had filed an unlawful detainer only 28 days after the notice of default and never served us.
So we sat around again waiting to get served with a 60 day notice (the 90 day wasn't in effect yet).
And AGAIN they screwed it up. This time they served the wrong person at another address, then mailed the documents to our street address but with the banks attorney's city and zip code, so all the docs were returned to the court. I had a slam dunk case, and by that time I was getting pretty well versed on filing Demurs and such.
So we got another 5 day lock out notice. Back to court again. At this point it was April and I was mad as hell, and not going to have my partner have to move during finals.
I told the banks attorney outside the court that I would tie the property up for a year if they kept fucking with me. So we made a deal where we paid them partial rent through the end of July, at which time we honored our agreement and moved out.
Fortunately we had our beach house to move to. And we had the money and skill to fight the bank, but this same thing is happening to thousands of people and nothing is being done to stop the ruthless banks and attorneys.
What really sucked was a guy who moved into the unit across from us had also been foreclosed. His bank gave him $4,000 to move within 30 days.
Sigh,
TS Jamie 
