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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55308
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My family currently lives in a house that we rent in Pennsylvania.

Customer Question

My family currently lives in a house that we rent in Pennsylvania. Yesterday we received a notice on the front door that the house was up for sheriff sale on August 3, 2015. We have not received any other communication regarding this from our landlord or the mortgage company. Our landlord lives in Arizona. How should we prepare for this situation? How long can we stay in the home? What are our rights?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
The Congress unfortunately let the Protecting Tenants at Foreclosure Act of 2009 lapse at the end of 2014. Legislation has been introduced to extend it but as of now, that has not been passed. But, even so, the new owner can't simply throw you out. Rather, if you don't leave voluntarily, the new owner will have to follow the formal eviction process. Even though the foreclosure will terminate your lease, you must still be treated as if you are an at will tenant, which legally protects you the same as a month to month tenant. As such, the new owner must give such a tenant at least 30 days written notice to terminate. Then, if you don't leave, the law does not allow the new owner to evict without obtaining an eviction order from a court. What that means is that if termination date comes and you do not move out, the new owner cannot simply change the locks or throw your things out. Rather, what the landlord has to do is to first deliver a 15-Day Notice to quit under PA law...which basically says you have 15 days to leave or face eviction. But, if you still have not left, the new owner must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can the new owner have you evicted. That will buy you a good bit of time.
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