Thank you for the additional information. If the landlord/owner declared bankruptcy, there would be an automatic stay on the home and if the lender wanted to foreclose, they would need to obtain relief from that stay, to proceed and take the subject property back. Moreover, there is no way of knowing the type of bankruptcy he filed and if the home will be included or what he is going to do with it. If he has advised you to not pay the rent, then that is something which will benefit you. I am not sure why he said the lease was null and void but if it expired in May, then you would be considered a month to month tenant. The letter which you received from the lender is likely a notice of default and is the first step which they take, before foreclosing. In addition, You do have rights and are protected, under the Protecting Tenants at Foreclosure Act. Under this law, the immediate successor in interest of a dwelling or residential real property
must provide tenants with a notice to vacate at least 90 days before the effective date of such notice. The date of a "notice of foreclosure" is defined as the date on which complete title to a property is transferred to a successor entity or a person as a result of a court order or pursuant to provisions in a mortgage, deed of trust
, or security deed. Tenants also must be permitted to stay in the residence until the end of their leases, with two exceptions: (1) When the property is sold after foreclosure to a purchaser who will occupy the property as a primary residence or (2) When there is no lease or the lease is terminable at will under state . However, even when these exceptions apply, tenants must still receive 90 days notice before they may be evicted. As such, you would receive at least 90 days notice to vacate, when the time comes.
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