Landlord Tenant Law

• Each state has statutes that cover landlord tenant agreements. While the state laws do vary from state to state, most share common legal eviction reasons. Simply being in foreclosure or facing a foreclosure is not a legal reason to evict your tenants. Typical eviction reasons include nonpayment of rent and failing to abide by the lease agreement.
  
  

Lease Term

• If you have not yet entered the foreclosure process, you may have an option of evicting your tenants without cause. If the lease term is not set specifically and the tenant is paying on a month to month basis, then you can tell the tenant to leave with a 30-day notice. If the tenant doesn't leave after the 30-day notice, you can file for an eviction. However, if the lease term is fixed length, such as one year, you need a legal eviction reason.
  
  

Eviction Process

• The eviction process is another area that varies depending on the state you're filing in. You need to wait until after the notice period has ended to file an eviction lawsuit in court. A normal eviction consists of one hearing and an appeal period, before the tenant is physically removed from your rental. The timeline of the eviction depends both on state laws and how busy the court's schedule is.
  
  

Protection in Foreclosure Act

• If your lender has already gotten the foreclosure against your property, your tenants are protected under an act called the "Protecting Tenants at Foreclosure Act of 2009." This act stops the tenant's lease from terminating after the foreclosure, so the tenants have the option to stay in the foreclosed property until the end of the one-year term. The one exception to this rule is if the owner who purchased the foreclosure wants to live in the home. The tenants then have 90 days to leave the property before an eviction can be pursued.