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Notice to Tenants of Buildings Sold At Foreclosure After May 20, 2009
by: Legal Services Alabama

If you rent your home or apartment, a new law, in effect as of May 20, 2009, may protect you.

Can the person who buys the building at foreclosure make me leave right away?

No. First, the new owner needs to end your tenancy.
If you have an unexpired lease, you may be able to stay until the end of the lease term.
In any case, the new owner has to give you a 90-day lease termination notice.

What can I do if the new owner says I have to leave in less than 90 days?

You can send a letter telling the buyer the law. Click here for a sample letter.
Keep a copy of your letter.
It may help to go to the post office and pay to make the new owner sign to prove he or she got your letter.
If you get in the mail a green receipt signed by the new owner, save that receipt.
You should also pay the new owner your rent.

What happens if I don't pay the new owner rent?

The new owner can send you a letter giving you seven days to pay or move.

What if I have a year lease, and the year is not up?

In most cases, the new owner cannot evict you until the end of the lease. There are two exceptions.

If the new owner wants to use your home as his or her primary residence, the new owner only has to give you a 90 day notice.
If you do not pay your rent, the new owner only has to give you a seven-day notice.

What if the new owner files an eviction?

File an answer with the court that says the new owner failed to give the notice required by the Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, §702 (2009).
Go to court on the date the court sets for a trial.
Take with you to court the copy of your letter to the new owner.
You should also take the copy of the new law that is attached to this notice
If you have a written lease, bring that, too.

What if I am a section 8 tenant?

You have additional protections.
Call your section 8 worker.

If you have any questions, please call your local Legal Services Office.

Last Reviewed On: 06/03/09

AlabamaLegalHelp offers legal information, not legal advice. We try hard to make sure this website accurately explains your rights and options. However, the site does not apply the law to your personal facts. For this sort of legal advice, you should call a lawyer. To apply for free legal services in Alabama, call the Legal Services Alabama office that is closest to where you live OR call toll-free 1-866-456-4995.

AlabamaLegalHelp.org is a project of Legal Services Alabama and the Legal Services Corporation. It is produced in cooperation with Pro Bono Net and legal services organizations, bar associations, community organizations and government agencies throughout Alabama and the United States.