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Renters in a home being foreclosed

Your rights if you rent a home that is being foreclosed.

Federal law

Federal lawVerified Sep 23, 2026

Renters get at least 90 days' notice after a foreclosure

12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))

If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.

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State laws

California

State lawVerified Sep 23, 2026

Tenants get 90 days’ notice, or the rest of their lease, after a foreclosure

Cal. Code Civ. Proc. § 1161b(a)–(b)

If you rent a home in California that is sold in foreclosure, the new owner generally must give you a 90-day written notice to quit. If you have a fixed-term lease signed before the sale, you can usually stay until the lease ends. Some exceptions apply, such as when the new owner will live there.

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Massachusetts

State lawVerified Sep 23, 2026

Tenants can be evicted after foreclosure only for just cause

Mass. Gen. Laws ch. 186A, § 2

If you rent a home in Massachusetts and a bank or other foreclosing owner takes it, that owner cannot evict you without just cause, such as not paying rent. The exception is when a real buyer has signed a purchase agreement for the property.

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New York

State lawVerified Sep 23, 2026

Tenants can stay at least 90 days after a foreclosure

N.Y. Real Prop. Acts. Law § 1305(2)

If you rent a home that goes through foreclosure, the new owner generally must let you stay for the greater of 90 days after a notice, or the rest of your lease. You keep the same lease terms during that time.

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Texas

State lawVerified Sep 23, 2026

Renters get 30 days’ notice after a foreclosure sale

Tex. Prop. Code § 24.005(b)

If the building you rent is sold at a trustee’s or tax foreclosure sale, and you pay rent on time and are not otherwise in default, the buyer must give you at least 30 days’ written notice to vacate if it chooses not to keep your lease. Federal law (the Protecting Tenants at Foreclosure Act) can give you longer.

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Washington

State lawVerified Sep 23, 2026

Tenants get 60 days’ notice after a trustee sale

RCW 61.24.146(1)

If you rent a home that is sold at a trustee sale, you must get at least 60 days’ written notice to vacate before you can be removed. You can still be evicted sooner for waste or nuisance.

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