What are the rights of a tenant upon foreclosure?

When a home is foreclosed upon in Pennsylvania, the rights of the tenant depend on the type of agreement they have with their landlord. A tenant with a written lease is considered a “holdover tenant”, as they are still in contract with their landlord even after the foreclosure. In this situation, the tenant has the right to remain in the property until the lease term has expired. The tenant also maintains the right to receive proper notice before the property is sold, as well as receive a fair market value of the remaining rent paid if the lease is terminated before the expiration date. On the other hand, a tenant without a written lease is known as a “tenant at sufferance”. This form of tenancy does not give the tenant many rights. A tenant at sufferance must typically vacate the property within thirty days of being provided notice by the new owner or the court. They may also have to reimburse the new owner for any back rent due from their initial landlord. Tenants should also be aware of their rights under the Protection from Eviction Act. Under this act, a tenant has the right to at least ninety days of notice from their landlord before being evicted from the property. They may also have certain rights to the time frame for redeeming the property and the option of a new lease with the new owner. It’s important to note that some of these rights may vary depending on local laws and ordinances. Tenants should always research the laws in their municipality in order to ensure they are aware of their rights under such circumstances.

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What are the rights of a tenant upon foreclosure?

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