Archive for March 3rd, 2009

Without Just Cause

Without Just Cause, outlines the rights, and lack thereof, for renters in foreclosure in all 50 states and the District of Columbia.

According to National Low Income Housing Coalition, about 40 percent of families facing eviction due to foreclosure are renters, but they have little protection. If a landlord is foreclosed, tenants who have diligently paid their rent on time may face eviction without notice, coming home to find locks changed and their belongings on the street.

The laws regarding the status of renters in foreclosure cases are complex and vary among the 50 states and the District of Columbia. Even if they have rights, many renters are often unaware of them and few have easy access to lawyers, who may also be unaware of tenants’ rights.

Major findings of this report show:
Only 33 percent of states (17) require any type of notice to tenants.
Only 29 percent of states (14 and DC) require a judicial process for foreclosure.
Only 2 states (NJ and DC) explicitly preserve tenants’ rights in the lease after foreclosure.
Only 23 states provide some exceptions that may preserve tenants’ rights.

2 comments March 3, 2009


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