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Tenant Rights If a Building Is Foreclosed in Ohio

When a landlord faces foreclosure, the tenants often bear the brunt of the misfortune. Landlords usually do not live in the buildings they own, and do not have to worry about finding a new place to live. Tenants, however, often have to find a new home. In Ohio, tenant rights in a foreclosure are protected by the federal Protecting Tenants at Foreclosure Act of 2009 and Ohio state laws.

Lease Completion

    Tenants in apartment buildings have the legal right to stay in the unit until their lease is over. The new owner cannot evict tenants and must keep the original lease terms, including the rent amount and lease duration. This means you cannot break the lease with the new owner without incurring the consequences set forth in the original lease.

Move-Out Notice

    Once the original lease expires, the new owners do not have to offer a new one. However, if they do not, the new owner must give tenants 90 days notice. Tenants in a month-to-month lease agreement must also receive 90 days notice to move out.

Notifications and Updates

    There are no federal or Ohio state laws that require the landlord to give you formal notice of the foreclosure. However, Ohio courts mail notification of the proceedings once the lender files the foreclosure petition. Tenants have the right to examine the court files associated with the foreclosure but they must request access from their county's Court of Common Pleas. Many county courts in Ohio provide online access to court documents.

Landlord Responsibilities

    A landlord faced with foreclosure must still perform all maintenance, repairs and other provisions of the lease until the day of the auction. The new owner must also continue to provide the services described in the original lease. Tenants have a right to file complaints and receive compensation if the landlord does not keep up his part of the lease.


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