PentecostalMom Posted May 2, 2013 Share Posted May 2, 2013 My SIL and BIL own a home in Alabama. They live in Florida. The house is currently rented and they are wayyyy behind on their mortgage payments. A friend told them that the tenants cannot be evicted. Is this true even if it is scheduled for a foreclosure sale? Any advice would be helpful. Quote Link to comment Share on other sites More sharing options...
QueenCat Posted May 2, 2013 Share Posted May 2, 2013 They need to talk to an attorney in that locality. State laws will vary. Do you mean your sil is behind on payments or the renters are behind? If your sil, are they not charging enough rent? Honestly, she needs legal help. Quote Link to comment Share on other sites More sharing options...
Mergath Posted May 2, 2013 Share Posted May 2, 2013 The way I understand it to work around here is that a landlord can't evict tenants without cause if they have a lease. If the house is foreclosed, however, the bank could kick out the tenants. Quote Link to comment Share on other sites More sharing options...
PentecostalMom Posted May 2, 2013 Author Share Posted May 2, 2013 They need to talk to an attorney in that locality. State laws will vary. Do you mean your sil is behind on payments or the renters are behind? If your sil, are they not charging enough rent? Honestly, she needs legal help. She is trying to retain a local legal service that is for lower income people, but apparently that is difficult to do. She is behind on payments because her dh has been out of work, and has been doing odd jobs to feed them. She works as well, but they are essentially financially overwhelmed. I am trying to get any help or advice that I can because she is stressed to the point of tears and has no one to talk to except me right now. He dh is three hours away for the next two weeks working a temp construction job. They just the home rented after it sat empty for a bit and now they cannot catch up. I was just hoping that someone had some experience and/or advice. Quote Link to comment Share on other sites More sharing options...
zoobie Posted May 2, 2013 Share Posted May 2, 2013 http://www.alabamalegalhelp.org/resource/tenants-your-rights-when-your-landlord-is-for?ref=CEoLq I'm not exactly sure what you're asking. The fact that the house is rented and occupied by tenants will not prevent the bank from foreclosing on the delinquent home owners. After foreclosure is complete, the renters then become the problem of the bank or the new owners of the property. The laws vary by state, but the new owners can evict the renters eventually. In Alabama it looks like the notice period is 90 days. Quote Link to comment Share on other sites More sharing options...
Dahliarw Posted May 3, 2013 Share Posted May 3, 2013 My BIL got an eviction notice attached to the front door of the house he was renting in MI when the bank foreclosed... Quote Link to comment Share on other sites More sharing options...
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