I move into a home in cedar hill texas in june of 2009 and now my landlord has informed me that the house has been forclosed on and will be auctioned off on october 6th 2009. will someone come and notify me of when I have to move or do i move now please help me
When bank takes possession they will notify party residing on property. However your days are numbered.
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As long as you are current on rent and continue to pay rent and have a bonafide lease, you should be able to stay for another 90 days. You will probably receive info on your door about who to contact. You should contact them and ask them where to pay rent, where to fax a copy of your lease, and how long you would like to stay. You may also have to file suit against the former landlord for return of your deposit.
I'm sorry this has happened to you.
Please check out the Texas Attorneys Office web site. see the following the law has changed.
This is from the Attorney generals Office
Tenants Have New Rights If Landlord Foreclosed On
by: Texas RioGrande Legal Aid - Austin
In the past tenants who are foreclosed on because the landlord did not pay the mortgage are forced to leave by the new owner (which is often the bank). Tenants in Texas used to get 30 days to move regardless of how much time is left on their leases. In May 2009, a federal law went into effect that requires new owners to honor all leases (that were bonafide leases between the tenant and former landlord). The only exception is that if the new owner plans to occupy the premises as his primary residence, then the new owner does not have to honor the lease, but can instead give the tenant a 90 day notice to vacate. If the lease was month to month, or had less than 90 days to go before expiring, a new owner still had to give 90 days notice to the tenant to vacate. This new law applies to any type of residential property (apartment complexes, duplexes, condos, even mobile homes that are foreclosed on, with a tenant leasing). A tenant must of course keep paying his rent and otherwise honor the lease agreement otherwise the new owner can terminate the lease and start eviction procedures as in a normal landlord-tenant situation.
Good Luck
You do have tenants rights and in most places that requires 90 days notice. I'd start looking for a new place now. If you try and wait it out, you may get caught without a place to stay.
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