Monday, July 6, 2009

New Laws Protect Tenants Against Forclosed Homes

Tenants across the country are being forced to leave the homes they rent due to foreclosure.

According to the Seattle Times, "The number of foreclosures on all types of houses in the state is up nearly 50 percent from a year ago and rising, driven by unemployment and a weak housing market." A national group estimates that a whopping 40% of these foreclosed homes are rented.

But new state and federal laws are to be enacted to protect tenants who find themselves in this situation.

Prior to the new law, tenants who were told they had to move due to foreclosure had just 20 days after the sale to move out-- however many moved in just a few days in fear of losing their possessions. And what's more is that the owner was not required to provide notice before they filed an eviction lawsuit.

The new federal law which went into effect May 20th requires tenants to continue to pay rent until 90 days after the sale of the foreclosed home or until the end of their existing lease, whichever is longer.

The new state law which goes into effect July 26th doesn't require tenants to pay rent to the new owner, does not require the owner to honor the existing lease, and tenants must move out within 60 days of being notified of the sale.

Although generally, federal law trumps state law. But experts say in cases where the laws conflict, the provision that provides tenants the greatest protection should apply.

A total of 23,705 homes foreclosed in Washington State in 2007, up 27.95% from 2006.

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