If the House I Am Renting Is in Foreclosure, Do I Have to Pay Rent?
Foreclosure is the process that a lender, usually a bank, uses to sell a house as collateral and redeem debt owed on a mortgage that is not being paid off. There is no need for the homeowner to actually be living in the house when it is foreclosed. It is common for landlords to buy investment properties, rent them out and then find that they cannot make the mortgage payments. This leaves the tenants wondering what will happen with their leases, if they have to keep paying rent and what their next steps should be.
Contract Termination
Tenants should carefully examine their lease contracts when first renting. Some contracts make provisions for foreclosures that allow tenants to sever the lease and leave the house if a foreclosure is begun -- an easy way to get out of a complicated situation. Tenants may want to ask for such a clause in a contract if they are wary of foreclosure processes. This removes the need to continue paying rent in these circumstances, as the lease is cancelled.
During Foreclosure
While the foreclosure is occurring, the landlord retains possession of the property and the lease is ongoing, which means the tenant must pay rent as previously required. The foreclosure process can take some time, anywhere from several months to a year, which may give the tenant the time to end the lease and make other arrangements. But in the meantime, the obligation to pay rent continues and is not affected by the foreclosure.
After Transfer of Property
When the foreclosure is completed, the house switches hands, and the rules can become more complex. Due to federal legislation and varying state laws, new owners must give tenants at least 90 days to vacate the house, in the form of a written notice. If the lease has not expired, then the tenant can stay in the property for the length of the lease if it continues for longer than 90 days, but this must be at the discretion of the new owner. Either way, the tenant must continue paying rent, but to the new owner -- often a bank or investment firm.
Cash for Keys
When financial institutions receive foreclosures, they often want to sell them as quickly as possible to save money and recoup costs. Tenants get in the way of this process, so banks offer what is commonly known as a "cash for keys" program, where the bank offers the people living in the house a cash sum to immediately leave. This may be an advantageous solution for some tenants who want to move out.
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