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I'm renting a home that was foreclosed and auctioned last…

I'm renting a home...

I'm renting a home that was foreclosed and auctioned last week. I was informed of the auction one week prior. I know I have to vacate the property...but what are my rights?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Paperwork for?

Lawyer's Assistant: Where is the home located?

Chesapeake, vA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ma'am

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Answered in 9 minutes by:
3/19/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,076
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

The foreclosure sale will terminate any fixed term lease that you may have had with the former owner. So you are under no legal duty to continue to pay them rent at this point and would have grounds to sue them for a refund of your deposit if you can find them...

.

As for the new owner, once they obtain a deed in their name, they can consider you a "month to month" tenant and have to give you a written 30 day notice to vacate. If you didn't vacate, then the owner would have to move towards filing a formal eviction action in court to get a judgment and writ to force you to vacate... That will take around a month longer.

.

VA law was recently amended and adds “f there is in effect at the date of the foreclosure sale a tenant in a residential dwelling unit foreclosed upon, the foreclosure shall act as a termination of the rental agreement by the owner.” The foreclosed tenant’s terminated lease is converted to a month-to-month tenancy and the other lease terms remain in effect until properly terminated via written notification. In Virginia, the termination of a month-to-month tenancy requires a 30-day written notice prior to the next due date, unless the lease requires additional notice.

.

However,. once the new owner shows up, they are the new landlord and you would have to pay the rent to them or they could terminate and evict for nonpayment.

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,076
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 5 months ago
Thank you for your response! Is it 30 days from the auction date?

No, it is 30 days from the time the new owner gives you a 30 day notice in writing.. So the new owner has to actually give you the 30 day once they get the deed in their name..

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Customer reply replied 5 months ago
Thank you so much!
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