Legal Question in Landlord & Tenant Law in Virginia

Tenant rights in foreclosure in Virginia

I have read in a newspaper that the house I am leasing will be sold in a trustee sale in the near future. The owner has not informed me of this, and no notification has been posted on the door. I realize that in this case of foreclosure, the new owner is not bound by the lease agreement. Presuming that the new owner would not want to continue my lease, what are my rights and options? More specifically, how soon will I have to move out, and what is the timeline of the process? Until how long do I need to keep paying my lease to the current owner? What is the course of action to take to delay my eviction as long as possible? I have always honored the ongoing multi-year lease agreement. I live in Fairfax County, Virginia. The Virginia Residential Landlord and Tenant Act (VRLTA) does not apply in this case, as the owner has only this one property.


Asked on 11/29/08, 7:38 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Tenant rights in foreclosure in Virginia

You should continue paying your lease as you've been doing until you're informed otherwise by a properly authorized authority.

As to time frames in which you may be required to move out(or even be evicted), as far as I know, the circumstances of each foreclosure case may differ, and each therefore moves along its own time track, accordingly.

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Answered on 11/30/08, 12:01 pm


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