If my landlord just notified me the house I rent is going up for auction in about 3 weeks, how long do I have to vacate? 10 Answers as of January 16, 2014

I have no money to move. Do I have 90 days? I have a month to month, no written lease.

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Law Offices of George H. Shers | George H. Shers
The new owner buys the house subject to the contracts in place. So since you have a lease contract, even if it is oral, you are entitled to stay there until the lease expires or you stop paying rent.
Answer Applies to: California
Replied: 1/16/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
The new owner at the auction will have to commence an eviction. They may offer to pay you to move voluntarily. You may have as much as 3 months.
Answer Applies to: New York
Replied: 1/13/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
I assume you mean that the auction is for foreclosure of the underlying mortgage. Your landlord will still have a right of redemption for 6 months if it is a mortgage foreclosure so you might have a significant amount of time.
Answer Applies to: Michigan
Replied: 1/13/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
You are a tenant at foreclosure in legal terms. The new owner will have to contact you and you will have to assert the fact that you were a legal tenant under a reasonable lease. The fact that the lease is oral will not be helpful, but if you can prove by means of canceled checks that you were a legitimate tenant, they must give you 90 days in which to move as a month to month leasee. You must pay the new owner the rent amount or you are subject to eviction for non-payment.
Answer Applies to: California
Replied: 1/13/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
On a month to month tenancy, the landlord only needs to give you one month's notice to vacate.
Answer Applies to: Idaho
Replied: 1/13/2014
    Harper Law Offices, Inc. P.S.
    Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
    Depends. Federal law allows for 90-days notice, during which you must still pay rent. In Washington, the alternative is 60-days without paying rent.
    Answer Applies to: Washington
    Replied: 1/13/2014
    Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
    The new owner will need to give you a 60 day notice to vacate, and thereafter commence eviction proceedings if you don't vacate within that 60 day period, so you will have 90 days, provided you continue to pay rent. The new owner may give you an incentive to move quicker, commonly referred to as cash for keys.
    Answer Applies to: California
    Replied: 1/13/2014
    The Krone Law Firm, LLC | Norman B. Krone
    Unless there is an agreement to extend the time, you generally have 30 days from the date of the notice to vacate.
    Answer Applies to: Florida
    Replied: 1/13/2014
    MatthewR. Schutz, Esq | Matthew R. Schutz
    The LL has to give 2 months notice. If you do not move, the LL has to go to court and get a judgment of possession and an eviction by a court officer.
    Answer Applies to: New Jersey
    Replied: 1/14/2014
    William Bidwell, Attorney at Law | Bill Bidwell
    The house is subject to the lease. Additionally, there is a 6-month redemption period in which the prior owner has to pay the note in full to get the house back. Rent payments after the auction should go to the new buyer; they will provide notice regarding where to send payment. Most likely, the buyer will be delighted to know that the house is rented. You have sufficient time to move.
    Answer Applies to: Michigan
    Replied: 1/13/2014
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