Question: Is a month to month tenant who is not current on her rent covered under the federal tenant protection act when facing an eviction or its appeal Response: No. If the property has been foreclosed and you have received a notice to start paying your rent to the new owner, if you do not pay the rent, the new owner can file eviction action against you regardless of the federal law, “Protecting Tenants at Foreclosure Act of 2009,” which requires that the new owner gives you 90-day notice to vacate the premises. The law is for those instances where the lender forecloses and immediately the new owner wants the current tenants to move out. It does not apply when the new owner wants to retain the current tenants and then asks the tenants to start paying rent to the new owner and the tenants fail to pay the rent. I was served with an eviction notice and had to defend myself as the judge continued the hearing for only 5 days. Thus I could not obtain counsel. . A judgement was awarded for FNMA, the plaintiff. The judge ignored the tenant protection act and my letter of validation (per Fair debt collection act). I did not bring my original lease with me which is now month to month. Nor did I bring the letter from the property manager advising us to start paying the landlord directly. They filed BK which delayed the foreclosure sale to this past June. The FNMA broker is claiming that a letter was taped to the door and a photo dated as notice for us to move. The date claimed by the broker under oath was off by a month and in fact the FNMA notice/letter was posted a week before the trustee deed was actually recorded at the recorders office. Response 2: If you received the notice before the Trustee Deed was recorded, the eviction notice is invalid. The eviction process needs to be started over again because the new owners cannot give you notice to move when they do not have legal title to the premises. You need to make the Judge understand this in your appeal.
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