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If you rent your home or apartment, a new law, in effect as of May 20, 2009, may protect you.

Can the person who buys the building at foreclosure make me leave right away?

• No. First the new owner needs to end your tenancy.
• If you have an unexpired lease, you may be able to stay until the end of the lease term.
• In any case, the new owner has to give you a 90-day lease termination notice.

What can I do if the new owner says I have to leave in less than 90 days?

• You can send a letter telling the buyer the law. Click here for a sample letter.
• Keep a copy of your letter.
• It may help to go to the post office and pay to make the new owner sign to prove he or she got your letter.
• If you get in the mail a green receipt signed by the new owner, save that receipt.
• You should also pay the new owner your rent.

What happens if I don't pay the new owner rent?

The new owner can send you a letter giving you seven days to pay or move.

What if I have a year lease, and the year is not up?

In most cases, the new owner cannot evict you until the end of the lease. There are two exceptions:

• If the new owner wants to use your home as his or her primary residence, the new owner only has to give you a 90 day notice.
• If you do not pay your rent, the new owner only has to give you a seven-day notice.

What if the new owner files an eviction?

• File an answer with the court that says the new owner failed to give the notice required by the Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, §702 (2009).
• Go to court on the date the court sets for a trial.
• Take with you to court the copy of your letter to the new owner.
• You should also take the copy of the new law that is attached to this notice.
• If you have a written lease, bring that, too.

Can I get my security deposit back?

• The new owner must return your security deposit.
• Request a walk-through and make sure that you leave the premises in good condition.
• Take pictures of the unit as proof.
• Mail a certified letter to the owner giving an address where they can send your security deposit.
• If you security deposit is not returned, you can sue in Small Claims Court.

What is "cash-for-keys"?

• Often, the new owner wants to get possession of the house quickly. To get you to move, the owner is willing to pay you money if you move out by a specific date.
• Often, new owners offer between $500 and $2,000 for moving within two weeks.
• You must weigh the costs and benefits of agreeing to such an offer.
• If you agree on a price with the property owner, as for an agreement in writing. Keep a copy for your own records.

What if I am a Section 8 tenant?

• You have additional protections.
• Call your Section 8 worker.

If you have questions, please call your local Legal Services office.