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Renters in Foreclosure

If you live in a property that is in foreclosure, it's important that you know how long you are allowed to stay in your rental unit. Use the information below to learn about your rights and connect to legal aid. 
Federal Resources

On May 20, 2009, President Obama signed into law the Protecting Tenants at Foreclosure Act. According to the Virginia Foreclosure Prevention Task Fore, protections in the law include: 
  • 90-day pre-eviction notice to tenants whose homes have gone into foreclosure.
  • The rights of tenants to remain in their homes for the terms of their leases. (However, if the new owner will live in the home, leases can be terminated subject to the 90 day notice.)
  • Tenants with Section 8 vouchers able to remain with both their lease and rental assistance payments intact, subject to the rights of the purchaser at foreclosure who wants to occupy the home after 90 days notice.
View the Renters in Foreclosure Toolkit from the National Low Income Housing Coalition for about the rights of tenants living in foreclosed properties. 
Virginia Resources

While Federal protections apply to all tenants, it is important to understand the legal protections for tenants that exist at the state level. View the resources below to learn more about the legal process in Virginia and information about legal aid in the state. 

What You Need to Know About Foreclosure (brochure, .PDF) - To request printed copies of this brochure, fill out this form. 

Rights of Renters in Foreclosure - Information from the Virginia Foreclosure Prevention Task Force

Help for Renters in Foreclosure - Information from the Capitol Area Foreclosure Network (CAFN)

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