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The Helping Families Save Their Homes Act of 2009 (Pub. L. 111–22) provides a 90-day notice requirement and additional protections for tenants in foreclosed properties. Below you will find the major provisions outlined under Title VII, Protecting Tenants at Foreclosure Act of 2009.
- During the term of the lease, the tenant has a right to remain in the unit and cannot be evicted, except for actions that constitute good cause.
- If the lease ends in less than 90 days, the new owner may not evict the tenant without giving the tenant at a minimum 90 days notice.
- At the end of the term of the lease, the new owner may terminate the tenancy if the new owner provides a 90-day notice.
- The new owner may terminate the tenancy if the owner will occupy the unit as a primary residence, and has provided the tenant a notice to vacate at least 90 days before the effective date of such notice. This is the only exception to the rule that the tenant may not be evicted during the term of the lease.
These provisions expire on December 31, 2012.
Click here to read Title VII, Protecting Tenants at Foreclosure Act of 2009.
Update: Dodd-Frank Extends the Expiration Date
The Tenant Protection Act was originally set to expire or “sunset” on December 31, 2012; Dodd-Frank changes that, and the Tenants Protection Act will now sunset on December 31, 2014.
from june 26th to today july 2nd the owner has come to the house and put on the gate a 30 day or get out, he also has had in the mail both reg & certified mail 3 times, he also sent a statement for the rent for july 1st to july 31st, yesterday my niece watch him hop the locked fence/gate putting a 30 day notice up.. so my niece decided to take pics with her cellphone for proof. he called my moms cellphone today yelling at her saying he was wrong that he realizes we been here since 2009 but hes not accepting the lease from 2010 until 2012 & the obama act don't mean anything to him & in 60 days if we are not out he will take us to court & we will lose because hes in his legal right to have us out, to me this mans bi-polar because in one breath he wants us to pay & stay but in the other he wants us out
a close friend had this happen recently where someone else bought his complex then booted all the welfare cases out.....but wanted to raise his rent to almost 500 for a one bedroom.......after looking over his lease, they just left him alone because he wasnt on section 8 and he actually paid his rent on time.
othr than that, they stripped out all the apartments and re did them in the inside and jacked the rent sky high
The owner is not in his right mind and legally has no right.
Keep proof of his herrasments and call the cops if you have proof, so you have another set of proof.
Keep recordings of phone calls and if you State doesn't allow you to record the call without consent like in Florida than mention that you are taping every phone call and he probably will stop calling you.
Try to avoid talking to him and create a paper trail of emails. If your State allows it you can start paying into the Court registry if more issues arrise but never stop paying the rent. Make sure you sent the rent checks with clearly written on it for which month the rent is and mail it by certified mail so he can't say you didn't sent it on time.
The more you do to cover yourself the less chances he has to do anything. If the owner herrasses you at the property, get a restraining order.
Good Luck!
If you think he's having people call pretending to be the sherrif, you should call the shrriff dept yourself and see if they are actually making such calls. If so, perhaps you could enlist their aid insofar as what your true legal rights are---how long you can stay, etc. If its not the sherrif, then you could get him for impersonating a sherrif---don't know what the penalty is, but I don't think the cops like being made fun of!
It appears the OP is fine since the new buyer has made clear by asking for a rent increase he does not plan to live there. I wouldn't get too comfortable though once the lease is up he'll jack up the rent for sure.
update he called my mom cell phone today which is a legal holiday... this is beyond harassment leaving threats saying either you get out our your going to jail..
if we do get a restraining order against him how soon will it go active say we get one tomorrow?
Jay, if the lease goes to 2012 the LL can not evict you except with a 90 day notice and only if the LL intends to ocupy the property as their primary residence.
You need to be documenting everything so that if it goes to court, you can lay out the details of the lease, the offer to incrase rent, and the 30 day notice instead of 90 days. Int he mean time, contact your local housing agency that works of housing issues and have them review it to make sure you are in the rights. As you explain it, the LL is not following the law.
OP, I do not mean to sound paranoid, but make a copy of your lease and put it in a safe deposit box at your bank (or any local bank). Your new landlord sounds a little... creative. I wouldn't put it past him to break/sneak in, find your lease, and dispose of it, leaving you with no evidence that you are there legally.
Good luck with everything.
ETA: Depending on the bank, safe deposit boxes can usually be rented for around $20 a year. You can also store your other important documents there. It's worth it for the peace of mind.
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