Comments on: Protecting Tenants at Foreclosure Act of 2009 – A Summary http://www.huddlestonlawoffices.com/2010/02/protecting-tenants-at-foreclosure-act-of-2009-a-summary/ Noteworthy developments in real estate law, among other things. Tue, 10 Jan 2012 23:14:05 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Brian Huddleston http://www.huddlestonlawoffices.com/2010/02/protecting-tenants-at-foreclosure-act-of-2009-a-summary/comment-page-1/#comment-613 Brian Huddleston Fri, 20 Aug 2010 23:55:41 +0000 http://www.huddlestonlawoffices.com/?p=1000#comment-613 Conversely, if you are a bona fide tenant in possession of rental property in foreclosure, and if you are served with a notice to quit or an eviction notice that provides for less than the required 90 days, you need to respond with written notice that you are exercising your rights under the Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, § 702 (2009), to retain possession of the rental property for up to the full 90 day period. Brian Conversely, if you are a bona fide tenant in possession of rental property in foreclosure, and if you are served with a notice to quit or an eviction notice that provides for less than the required 90 days, you need to respond with written notice that you are exercising your rights under the Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, § 702 (2009), to retain possession of the rental property for up to the full 90 day period.
Brian

]]> By: Brian Huddleston http://www.huddlestonlawoffices.com/2010/02/protecting-tenants-at-foreclosure-act-of-2009-a-summary/comment-page-1/#comment-608 Brian Huddleston Tue, 23 Feb 2010 18:01:11 +0000 http://www.huddlestonlawoffices.com/?p=1000#comment-608 This Federal statute may protect all tenants including those guilty of non payment of rent (even though this was not the intent of Congress). The statute should be corrected to allow for eviction of tenants who are guilty of non payment of rent (not engaged in legal rent withholding) and/or other just cause involving wrongdoing by the tenant without being required to wait the 90 days. Another possibility which would protect the landlord from a claim of being in violation of the act, would be for the landlord, prior to taking any action to evict the tenant, to file an equity action for a declaratory judgment ruling that the tenant who has not paid rent (and is not engaged in legal rent withholding) is not a bona-fide tenant and not covered by the protections of the Protecting Tenants at Foreclosure Act of 2009. This Federal statute may protect all tenants including those guilty of non payment of rent (even though this was not the intent of Congress).

The statute should be corrected to allow for eviction of tenants who are guilty of non payment of rent (not engaged in legal rent withholding) and/or other just cause involving wrongdoing by the tenant without being required to wait the 90 days.

Another possibility which would protect the landlord from a claim of being in violation of the act, would be for the landlord, prior to taking any action to evict the tenant, to file an equity action for a declaratory judgment ruling that the tenant who has not paid rent (and is not engaged in legal rent withholding) is not a bona-fide tenant and not covered by the protections of the Protecting Tenants at Foreclosure Act of 2009.

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