Is it legal to force me out of a home in three days? 16 Answers as of August 06, 2011

Friday I got a notice to vacate on my door it says I have to be out August 4. We rent a house that I guess is now foreclosed on. I just need to know if we need to be out on this date or should we get 90 days to leave because we are renters?

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Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
No
Answer Applies to: Maryland
Replied: 8/6/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
No you can generally be evicted in 7 days after receipt of a dispossessory notice.
Answer Applies to: Georgia
Replied: 8/2/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
In filing an unlawful detainer a 3 day notice to quit is served. If you don't vacate the landlord will file the lawsuit. An answer to the lawsuit is due within 5 days of being served. You can ask the judge for a stay of up to 30 days of judgment.
Answer Applies to: California
Replied: 8/2/2011
Glen A. Kurtis, P.C.
Glen A. Kurtis, P.C. | Glen A. Kurtis
Typically the new owners would have to commence a landlord tenant action to evict you.
Answer Applies to: New York
Replied: 8/2/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
There is a federal statute that likely gives you more time, unless you sat on your rights and failed to assert them. Under the Helping Families Save Their Homes Act, tenants have the right to stay in their homes after foreclosure for 90 days or through the term of their lease. The bill also provides similar protections to housing voucher holders. The protections go into effect immediately and expire at the end of 2012. See a landlord tenant lawyer immediately. You may have a right to sue over an improper eviction that could be a big case depending on the facts. DO NOT DELAY. You may be collecting money from the other side. You do need a lawyer.
Answer Applies to: Georgia
Replied: 8/2/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    The three day notice (or "notice to quit") is the first step in an eviction. If you are renting a home that was foreclosed upon then the new owner (likely the bank) will have to give to give you addition time to vacate (usually 60-90 days). After the three day period, regardless of your lease, the new owner would have to bring an unlawful detainer action in order to have you vacate the property. Be sure to reply to the notice that you are renters so the new owner is aware of it.
    Answer Applies to: California
    Replied: 8/2/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It sounds like a "three day notice to pay rent or quit." If you are not out in the 3 days they have to sue you for unlawful detainer. This would be very bad. Having such an action on your record could keep you from renting in the future.
    Answer Applies to: California
    Replied: 8/2/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    The three-day notice is just the beginning of the eviction process. If you are not out then you can defend yourself when the eviction case is filed (called an "unlawful detainer" action). As a renter you are entitled to more notice so should respond to the lawsuit when it is served upon you by a process server and have the court throw out the case as not being in compliance with the notice requirements in California. You might want to call the person who left you the three day notice and inform him/her that you are a renter at the property and not the owner
    Answer Applies to: California
    Replied: 8/2/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If you are tenants of the former owner, you either have to the end of the lease if you are under a written lease which has not expired by its terms or if you are a month to month tenant, you are to be given 90 days notice under federal law.
    Answer Applies to: California
    Replied: 8/2/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Generally, a 3 day notice is the start of an eviction process. If you are still there at the end of the 3 days, then a court hearing will be set and you will receive the eviction paperwork. In order to get 90 days, you need to contact the purchaser of the property, show that you have a lease, and make your lease payments to that new owner. If you do all of these things, then they cannot evict you for 90 days.
    Answer Applies to: Colorado
    Replied: 8/2/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Who put up the notice? If it's from the court, I'd call the clerk for.details because you're supposed to get more notice. I believe renters get additional consideration. Sometimes the buyers are demanding, and I'd push back if that's where it came from.
    Answer Applies to: Virginia
    Replied: 8/2/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You should talk with a lawyer if you have a valid lease. There are laws in Florida to protect renters with leases in place.
    Answer Applies to: Florida
    Replied: 8/2/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    The only reason a court will enforce a 3 day notice to quit is if you have not been paying rent. Any other cause will result in a 30 day notice. You should consult either a real estate lawyer or a consumer rights lawyer to decide what action to take if you have been paying the rent on time.
    Answer Applies to: California
    Replied: 8/2/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    California law gives you more time after foreclosure and you need to have fair notice, which is much more than 3 days. Usually 90 days after foreclosure sale. Thank you,
    Answer Applies to: California
    Replied: 8/2/2011
    Law Office of Bobby Yaghoubian
    Law Office of Bobby Yaghoubian | Bobby Yaghoubian
    Generally, residential renters need a 90 day notice to vacate the premises. However, to enforce your rights, you need to properly respond to the 3 day notice. Otherwise, the new landlord may obtain and enforce an unlawful detainer judgment against you.
    Answer Applies to: California
    Replied: 8/2/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    If there is a valid rental agreement in place, there are specific procedures the bank will need to follow. This is something to speak to an attorney about, not an internet posting.
    Answer Applies to: Oregon
    Replied: 8/2/2011
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