Under the Protecting Tenants at Foreclosure Act, tenants generally have at least 90 days to vacate after foreclosure. In most cases, tenants with longer-term leases may stay until the end of the lease.
The Landlord
No. If the property is about to be foreclosed, the landlord has no obligation to give the tenant any notice of anything. After the foreclosure, the landlord will have nothing to do with the tenant.
A landlord is generally a person owns property for rent. A tenant is someone who rents property from a landlord.
Tenant and lessee are the same thing, they are a person who rents property from a lessor who own property that he wants to lease.
Not automatically. Oftentimes the new landlord can keep a tenant or opt to ask him to move out.
The landlord, because he/she owns the property.
As long as your landlord has control of the property he still has the right to collect rent: whether the house is foreclosed is between your Landlord and his mortgage lender. If the property is taken over by the mortgage lender they may ask you to leave. There may be some form of protection available for you, the Tenant, before you are forced to leave. Get legal assistance as soon as you learn about the foreclosure so that you can be prepared for what's next. You may or may not be required to leave soon.
The nondisturbance clause, when properly worded, ensures that the rental agreement between the tenant and the landlord will continue under any circumstances, including mortgage default or the sale of the property. This is done primarily to protect the renter from eviction by the mortgagor if the property is foreclosed upon. A nondisturbance clause ensures that a tenant will not be evicted in the event that the landlord goes bankrupt or sells to a new owner.
Yes, the landlord can evict a non-tenant from the property just as they could the tenant. You must follow the same eviction procedures as you would with a tenant.On a side note, a court may agree that the non-tenant was in fact a tenant-after the fact because of the duration in which they lived on the property. Such situations are similar to families with children. You have the adults on the lease, but the children are residing there without being on the lease.
No. Before any tenant is evicted from a property, the landlord must follow judicial proceedings.
An overlease is a lease agreement between a tenant and a subtenant, where the subtenant leases the property from the tenant who is already leasing the property from the landlord. It allows the original tenant to sublet the property to another party.
See:Title 18 PropertyChapter 16 Landlord and TenantandChapter 17 Arkansas Residential Landlord -- Tenant Act of 2007http://www.lexisnexis.com/hottopics/arcode/default.asp