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Richard, Attorney
Category: Legal
Satisfied Customers: 55003
Experience:  Attorney with 29 years of experience.
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I rented a house from my best friend and he suddenly died.The

Customer Question

I rented a house from my best friend and he suddenly died.The home is probably going into foreclosure as the mortgage hasn't being paid for about 18 months.We had a gentle mans agreement with no legal documents. I have not paid rent since he died as there is nobody to pay rent to. Do I have any legal rights to stay here and could I come home to find the door locked with all my furniture etc gone. State, NY
Submitted: 6 years ago.
Category: Legal
Expert:  Richard replied 6 years ago.

Good evening. Leases are no longer terminated by foreclosure. The "Protecting Tenants at Foreclosure Act of 2009" provides that leases survive a foreclosure -- meaning the tenant can stay at least until the end of the lease, and that month-to-month tenants are entitled to 90 days' notice before having to move out. An exception was carved out for the buyer who intends to live on the property -- this buyer may terminate a lease with 90 days' notice. With no written lease, you are deemed a month to month tenant.



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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 6 years ago.
I don't think you read my information correctly. I do not have a lease as it was a gentleman's agreement.
Expert:  Richard replied 6 years ago.

Yes, I understand. With no lease, you are considered a month to month tenant. As a month to month tenant, you are entitled to 90 days written notice prior to having to move out.