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When Your Rental Home Enters Foreclosure

A landlord's mortgage problem can put tenants in a confusing position even when rent has been paid on time. Notices may come from several parties, and the person collecting rent may change. Keep your lease and payment records together, verify who now manages the property, and get help understanding any notice that could affect your right to remain.

The questions below use selected Consumer Financial Protection Bureau guidance, adapted and organized by Fynoptic. Source links and the dates displayed by those sources are provided at the end.

What should I do if the house or apartment I’m renting goes into foreclosure?

Know Your Rights, look for notices, ask questions. You may want to consult an attorney.

If your landlord stops paying the mortgage, foreclosure proceedings may begin. Some state and local laws may offer protections for renters in the foreclosure process. More information about landlord-tenant laws in your state is available as well as a summary of state and local tenant protections from foreclosure.

Tip: If you need help finding an attorney, you can view this list of resources from the American Bar Association and you can find your local legal aid office or volunteer attorney program.

Be aware of the following:

  • Look for notices. If notices of a possible foreclosure are delivered to or posted on your property, contact the sender right away and let them know that you are a tenant. You should also contact your landlord.
  • Ask questions. You may get confusing information from your landlord about the foreclosure. For example, the landlord may ask you to prepay your rent in violation of your lease or rental agreement. Your landlord may also tell you that the foreclosure is a “mistake,” or say that the problem has been resolved. To be sure, check with the office where deeds are recorded in the county where the property is located. “Land records,” “auditor,” “recorder,” or “assessor” are names commonly used to describe the office where a foreclosure notice or other document (often called a “lis pendens”) has been recorded. You may also want to check court filings against your landlord.
  • Know Your Rights. During the foreclosure process, you need to know what your options are under your state and local laws. They can vary greatly from state to state. In order to decide what to do, you may want to know:
    • How long the foreclosure may take;
    • How much time you have to move after a foreclosure sale;
    • If there are any other specific tenant protections in your state.

You may be able to get some of this information by calling the local courthouse.

  • Rent control/Just cause eviction and Section 8. If your state or local laws have rent control or “just cause eviction” requirements, you may be protected from eviction after foreclosure. “Just cause” laws limit the reasons a landlord can terminate a lease or evict a tenant. Depending on the state or local law, the foreclosure alone may not justify an eviction or termination of your lease or rental agreement. If you have a Section 8 Voucher, contact your local Housing Authority and a legal aid lawyer immediately. Usually, Section 8 leases can only be terminated for good cause, which means that you can’t be evicted just because of a foreclosure. But you may need a lawyer to protect your rights.
  • Utility shut-offs. If your landlord is unable to pay the mortgage, the landlord may also not be paying the utilities, and your utility service may be shut-off. You should immediately contact the utility and the landlord if a shut-off notice is sent or if your utilities are shut off. You may be able to avoid the shut-off by contacting the utility and directly paying them, even if the utilities are in the landlord’s name.
  • Move. Once a foreclosure sale occurs, you may be required to move, often in as little as thirty days or less. You should remove all of your belongings when you move so the new property owner does not take or destroy them.
  • Protect yourself. If someone contacts you claiming to be the new property owner, ask to see documents that show ownership. Do this before paying rent, signing a new lease agreement, or allowing them to come inside the property. Scammers review publicly available foreclosure recordings and may contact tenants living in foreclosed properties to falsely demand rent.
  • Negotiate. If the new owner wants you to move out, ask if they will give you some money to help pay moving expenses. This is sometimes referred to as a “cash for keys” agreement. Sometimes the bank or the new owner after a foreclosure sale is willing to do this.
  • Deposits. If your landlord was not paying the mortgage, it may be difficult for you to get back any money you paid to your landlord as a deposit or prepaid rent. If the landlord did not refund your deposit or transfer it to the new owner after the foreclosure sale, you may need to take legal action to get back your deposit.

How long after foreclosure starts will I have to leave my home?

It depends on the state where you live. This could last many months from the date you get the first foreclosure notice to the date the actual foreclosure sale is held.

First, it is important to understand that in every state you have the right to stay in your home during the entire foreclosure process. How long you may stay in your house after the foreclosure sale, depends on the state where you live.

Each state has its own process for foreclosure and for eviction after the foreclosure sale. In some states you may be required to leave your home a few days after your foreclosure sale. In others, you may not be required to move for months after the foreclosure.

Tip: You may want to check with your county clerk’s office or legal services provider to find out more details on how foreclosure works in your area.

You can also get professional housing counseling assistance at no cost to you through a U.S Department of Housing and Urban Development (HUD)-approved housing counseling agency. You can call the CFPB at (855) 411-CFPB (2372) to be connected to a HUD-approved housing counseling agency today or you can search online for one near you.

If you have a mortgage with the Federal Housing Administration (FHA) you may have additional rights to stay in your home after foreclosure. You can call a housing counselor for more information about your rights under a FHA loan.

How do I find an attorney in my state?

Because laws differ from state to state, it’s a good idea to work with an attorney in your own state. Here are some suggestions on how to find a lawyer, and a list of free legal aid programs by state.

Ideas on how to find an attorney:

  • You can contact a lawyer referral service in your area by reaching out to your state or local bar association.
  • You may qualify for free legal services through legal aid. Scroll down for a list of offices in each state.
  • You can ask people you know to suggest attorneys they have worked with in the past.
  • You can ask an attorney you know or have worked with before if they can refer you to an attorney who has experience with issues similar to yours.
  • If you’re a servicemember, you can consult with your local JAG Legal Assistance Office.

What questions should I ask an attorney before hiring them?

To help determine whether the attorney has a good understanding of your situation, and to understand whether you can afford an attorney, consider asking these questions:

  • How much of your work involves this area of law and representing people in my situation?
  • Do you charge an up-front fee?
  • Do I have to pay even if I lose my case in court?
  • If I can’t afford to hire you, can you refer me to a consumer law attorney who may not charge up-front fees?

How can I check if an attorney is in good standing?

Before hiring an attorney, it is a good idea to make sure they are in good standing with the state bar association. You can also see if they have a disciplinary record. You can find this information by searching the attorney’s name on the state bar website where the attorney is licensed, or by calling the state bar association. Some states may have more than one bar association.

Where should I look for an attorney with affordable fees?

Some attorneys offer free services or charge a reduced fee. There could also be legal aid offices or legal clinics in your area that offer their services for free if you meet certain criteria.

This website has a state-by-state search to help you find an attorney.

Or, you can check the state-specific legal aid information below:

Alabama
Alabama Legal Aid Directory

Alaska
Alaska Legal Aid Directory

Arizona
Arizona Law Help

Arkansas
Arkansas Law Help

California
Law Help California

Colorado
Colorado Legal Services

Connecticut
Connecticut Law Help

Delaware
Delaware Legal Help Link

District of Columbia
District of Columbia Legal Aid Directory

Florida
Florida Law Help

Georgia
Georgia Legal Aid Directory

Hawaii
Legal Aid Society of Hawaii

Idaho
Idaho Legal Aid Services, Inc.

Illinois
Illinois Legal Aid Online

Indiana
Indiana Legal Services, Inc.

Iowa
Iowa Legal Aid

Kansas
Kansas Legal Services

Kentucky
Kentucky Legal Aid

Louisiana
Louisiana Law Help

Maine
Maine Legal Aid

Maryland
Maryland Legal Aid

Massachusetts
Massachusetts Legal Resource Finder

Michigan
Michigan Legal Help

Minnesota
Minnesota Legal Services Corporation

Mississippi
Mississippi Legal Aid Directory

Missouri
Missouri Legal Services

Montana
Montana Legal Aid Directory

Nebraska
Legal Aid of Nebraska

Nevada
Nevada Legal Services

New Hampshire
New Hampshire Legal Assistance

New Jersey
Legal Services of New Jersey

New Mexico
New Mexico Legal Aid

New York
New York Legal Aid

North Carolina
North Carolina Legal Aid

North Dakota
Legal Services of North Dakota

Ohio
Ohio Legal Help

Oklahoma
Legal Aid Services of Oklahoma, Inc.

Oregon
Oregon Legal Aid Directory

Pennsylvania
Pennsylvania Legal Aid

Rhode Island
Rhode Island Legal Services

South Carolina
South Carolina Legal Services

South Dakota
South Dakota Legal Aid

Tennessee
Tennessee Alliance for Legal Services

Texas
Texas Law Help

Utah
Utah Legal Services

Vermont
Vermont Legal Help

Virginia
Virginia Legal Aid Directory

Washington
Washington Legal Aid Directory

West Virginia
Legal Aid of West Virginia

Wisconsin
Legal Action of Wisconsin

Wyoming
Legal Aid of Wyoming

Sources and further reading

The CFPB source passages are U.S. government work in the public domain. Fynoptic has selected, organized, and adapted the material for this guide, including corrections identified through the additional sources listed above. Sources accessed October 27, 2026. This use does not imply agency endorsement or affiliation.

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