What happens to tenants if the landlord goes into foreclosure?
Short answer: Federal law (the Protecting Tenants at Foreclosure Act) generally lets bona fide tenants stay at least 90 days after a foreclosure and, in many cases, until the lease ends. Some states add more protection.
Keep paying rent to whoever is legally entitled to it and keep proof; ask legal aid if you get a notice from a bank or new owner.
The rule in every state
Each answer below links to the statute or official page it comes from (42 of 51 jurisdictions verified).
| State | Tenants in foreclosure |
|---|---|
| Alabama | No statute protecting tenants in foreclosure was found in the landlord-tenant Act. The disclosure duty in § 35-9A-202 binds any successor landlord or owner. Tenants rely on the federal Protecting Tenants at Foreclosure Act (90-day notice). Ala. Code Title 35, Ch. 9A (checked); § 35-9A-202(b) |
| Alaska | No separate state rule was found. The Department of Law points to the federal Protecting Tenants at Foreclosure Act and adds three points. If the lender or foreclosure buyer keeps the leases going, or fails to notify tenants of the foreclosure, it becomes the landlord and is liable for security deposits. When a property is sold, a new owner must give the proper notice to end a tenancy. The seller remains liable for deposits it does not transfer to the buyer. Alaska Dept. of Law handbook (2024), pp. 8, 27, 34-35; AS 34.03.070 (deposits, as summarized) |
| Arizona | If a lease is signed after a foreclosure has started, the owner must include a written notice that the property is undergoing foreclosure. The notice must say whom to contact (court, trustee or attorney) and the sale date, or that no date is set. If the owner first gets a trustee's sale notice or foreclosure notice after the lease is signed, the owner must give the tenant that notice within 5 business days. If the owner fails to do so, the tenant may give a written notice under § 33-1361 (landlord noncompliance), recover damages and get an injunction, and must get the security deposit back under § 33-1321. This does not apply to buildings with 4 or more connected units. A.R.S. § 33-1331 |
| Arkansas | No state statute found protecting tenants when a rental is foreclosed or sold. Tenants rely on the federal Protecting Tenants at Foreclosure Act (90-day notice). Ark. Code Ann. Title 18, Ch. 17 (checked) |
| California | When a rental is sold at foreclosure, a month-to-month or periodic tenant must get 90 days' written notice to quit before being removed. A tenant with a fixed-term lease signed before the sale may stay until the lease ends, and the lease survives the sale. The new owner may end it early with 90 days' notice only if: the buyer will live in the unit as a primary residence; the tenant is the borrower or the borrower's spouse, child or parent; the lease was not an arm's-length deal; or the rent is far below market (unless subsidized). The buyer must prove that an exception applies. Local just-cause ordinances still apply. When a sale is noticed, the trustee must post on the property, and mail to 'Resident', a statutory notice telling tenants about these rights. Cal. Code Civ. Proc. § 1161b; Cal. Civ. Code § 2924.8 |
| Colorado | Colorado's foreclosure law gives tenants notice rights but does not let them stay after the sale. A lessee is treated as a lienor (with no lien amount) in foreclosure proceedings. A lessee with an unrecorded possessory interest in a single-family or multi-unit residence must be mailed the foreclosure notices by regular mail, which is complete when sent to the lessee at the property or to 'Occupant' at the address. The foreclosure mailing list must also include 'occupant' at the property address. Rights of a lessee whose lease is recorded are not affected. Beyond this, tenants rely on the federal PTFA 90-day notice. C.R.S. § 38-38-305(1), (1.5); § 38-38-100.3(14)(c)-(d) |
| Connecticut | When residential property is foreclosed and a bona fide tenant (not the owner, in an arm's-length lease) is in possession when title vests, ejectment is stayed and no eviction may start until: (1) for a written lease signed more than 60 days before the foreclosure began, the earlier of the lease end date or 60 days after title vests; or (2) for other tenancies, 30 days after title vests. Eviction for an ordinary ground, such as nonpayment, may proceed sooner. Any cash-for-keys offer from the lender or new owner must be at least the greatest of: the security deposit plus interest; 2 months' rent; or $2,000. The tenant cannot be required to waive other rights to receive it. The federal PTFA's longer 90-day notice also applies where it governs. Conn. Gen. Stat. § 47a-20e; § 47a-20f |
| Delaware | No state tenant-protection statute found in the Landlord-Tenant Code. The Code only lists, as a ground for summary possession, a tenant holding over more than 5 days after the property is sold at foreclosure and title is perfected. Federal PTFA protections (90-day notice and the right to finish a bona fide lease) govern in practice. 25 Del. C. § 5702(6); 25 Del. C. Chs. 51-57 (checked) |
| District of Columbia | Foreclosure or sale is not a ground for eviction. Under the Rental Housing Act, a tenant may be evicted only for the statutory reasons and only with the required notice, and may not be evicted while paying rent, even after the lease expires. A new owner, including a foreclosure buyer, takes the property subject to the tenancy. Before an owner sells a housing accommodation, or issues a notice to vacate for demolition or discontinuance of housing use, it must give tenants an opportunity to purchase (TOPA) on bona fide terms. Tenants also have a 15-day right of first refusal after receiving a third-party sales contract. D.C. Code § 42-3505.01(a)(1); § 42-3404.02(a); § 42-3404.08 |
| Florida | Florida's own Protecting Tenants at Foreclosure Act (§ 83.5615) copies the federal PTFA: a 90-day notice to vacate, and bona fide leases are honored to the end of the term unless the buyer will live in the unit. But it takes effect only if the federal PTFA is repealed. Since the federal law is in force, the federal PTFA is what currently applies. No other Florida tenant foreclosure protection was found in ch. 83. Fla. Stat. § 83.5615 (ch. 2020-99) |
| Georgia | Not verified yet |
| Hawaii | Not verified yet |
| Idaho | Not verified yet |
| Illinois | Yes, beyond the federal PTFA. A new owner after foreclosure (mortgagee, receiver, certificate or deed holder, or sale purchaser) may end a bona fide residential lease only at the end of its term, with at least 90 days' written notice. Month-to-month or week-to-week bona fide leases also require at least 90 days' written notice. An individual buyer who will live in the unit may end the lease on 90 days' notice. For occupants not named in the foreclosure: if the occupant is current on rent, was never told in writing where to pay, or made good-faith efforts to pay, any eviction order must let them stay for the shorter of 120 days after notice of the hearing or the rest of the lease (at least 30 days). Records of these eviction cases are sealed. 735 ILCS 5/9-207.5; 735 ILCS 5/15-1701(h) |
| Indiana | Not verified yet |
| Iowa | Not verified yet |
| Kansas | Not verified yet |
| Kentucky | Not verified yet |
| Louisiana | No state tenant-specific foreclosure protection was found. Under the Civil Code, a lessor's transfer does not end the lease between lessor and tenant, but a third person who acquires an immovable subject to an UNRECORDED lease is not bound by it. The tenant's remedy is a damages claim against the old landlord (unless the lease says otherwise). A lease has effect against third persons only once filed for registry. Federal PTFA 90-day notice protections apply separately in foreclosures. La. C.C. arts. 2711, 2712, 2681.1 (as revised by Acts 2026, No. 240, eff. Aug. 1, 2026) |
| Maine | A bona fide tenancy in a building in foreclosure, or with a foreclosure judgment, can be ended only under the federal Protecting Tenants at Foreclosure Act (Maine incorporates PTFA protections into state law). After an ordinary sale, a new owner cannot evict a tenant at will unless the tenant received a proper § 6002 termination notice from the old or new owner. 14 M.R.S. § 6001(1-A), (2) |
| Maryland | Maryland adopts PTFA-style protections. A foreclosure buyer takes the property subject to bona fide tenants' rights and must give a 90-day notice to vacate, sent by first-class AND certified mail, return receipt requested, stating its date, the effective date and the basis. A bona fide lease generally continues to its end, unless the buyer will live there as a primary residence (then 90 days). Longer state or local protections still apply. A landlord who has received a notice of intent to foreclose may end month-to-month tenancies with 30 days' notice (60 days for year-to-year). Md. Code, Real Prop. § 7-105.8(a)-(b); § 8-402(c)(4)(ii) |
| Massachusetts | Strong state protections. A foreclosing owner (lender or its affiliate) may not evict a tenant except for just cause, or once there is a binding purchase-and-sale agreement with a bona fide third-party buyer. Within 30 days of foreclosure, the owner must post notice in the building, mail it to each unit, and slide it under each unit's door, giving the owner and manager contact information and where to send rent, plus a written notice of the right to a court hearing. Evictions for nonpayment, uncured violations, or refusing a lease renewal can't start until 30 days after that notice. A tenancy at will is not ended by sale, transfer or foreclosure. M.G.L. c. 186A, §§ 2, 3, 4; c. 186, § 13 |
| Michigan | No Michigan statute grants tenants special notice beyond eviction law. After a foreclosure sale, the occupant can be removed by summary proceedings only once the redemption period ends, which is usually 6 months for 1-4 unit homes (1 month or 30 days if abandoned; 1 year in some cases). During redemption, the buyer may inspect on 72 hours' notice. Federal PTFA 90-day notice protections apply separately. MCL 600.5714(1)(g); MCL 600.3240(7)-(12); MCL 600.3238 |
| Minnesota | After a foreclosure redemption period ends, the successor must give a tenant at least 90 days' written notice to vacate. A bona fide lease running more than 90 days past redemption must be honored to the end of its term, unless the new owner will live there (then 90 days). Contract-for-deed cancellation requires 2 months' notice. A landlord that has received a foreclosure or contract-for-deed cancellation notice may sign only short leases (no longer than the redemption period) and must tell prospective tenants in writing before taking rent or a deposit ($500 penalty). Minn. Stat. § 504B.285, subd. 1a, 1b; § 504B.151 |
| Mississippi | Not verified yet |
| Missouri | After a foreclosure sale, the new owner must give the residential tenant written notice (certified/registered mail, plus posting on the door) that the sale happened, who the new owner is, and that the tenant has at least 10 business days to leave. No eviction case can be filed within those 10 business days. The notice does not create a tenancy with the new owner. Federal PTFA rights are separate. RSMo 534.030.2-.3 |
| Montana | No Montana statute protects tenants in foreclosure beyond federal law (federal PTFA applies). On a good-faith sale, the selling landlord is released from future duties only after written notice of the sale to the tenant, but stays liable for the security deposit and prepaid rent. The duty to disclose the owner and manager applies to any successor landlord. Mont. Code Ann. §§ 70-24-304, 70-24-301(2) |
| Nebraska | No Nebraska statute was found that protects residential tenants in foreclosure beyond federal law (federal PTFA). Under the Act, the disclosure duty applies to successor owners (§ 76-1417(2)). The person holding the landlord's interest when the tenancy ends is responsible for returning the security deposit (§ 76-1416(5)). Neb. Rev. Stat. §§ 76-1416(5), 76-1417(2) |
| Nevada | Before renting, a landlord must disclose in writing if the property is in foreclosure; a willful violation is a deceptive trade practice. After a residential foreclosure sale, a tenant in possession (not the borrower) can be removed only after notice of the change of ownership. The notice period is at least 60 days for month-to-month or longer periodic tenancies and at-will tenancies, or one full rental period for periods under 1 month. During that period the lease continues, the new owner takes on the old landlord's ch. 118A duties, and the notice must say where to pay rent. NRS 118A.275; NRS 40.255(2)-(5) |
| New Hampshire | A purchaser at a foreclosure sale may recover possession only through the regular possessory (eviction) action after a written notice to quit (RSA 540:12). Good-cause eviction rules continue to protect tenants of restricted property after foreclosure, except single-family houses taken by banks or mortgagees through foreclosure, which are exempt (RSA 540:1-a, I(d)). When property is sold or foreclosed, the landlord must turn the security deposit over to the buyer, receiver, or foreclosure purchaser within 5 days (RSA 540-A:6, III). RSA 540:12; RSA 540:1-a, I(d); RSA 540-A:6, III |
| New Jersey | Foreclosure alone is not grounds to evict. The Anti-Eviction Act's good-cause rules bind the new owner. Within 10 business days after taking title through a sheriff's sale or deed in lieu, the new owner must give tenants a notice in English and Spanish. The notice says where to pay rent, that the tenant is protected by the Anti-Eviction Act, and gives the new owner's contact information. In buildings of 10 or fewer units, it must be posted on each unit door and sent by certified and regular mail. The foreclosing party and new owner may not pressure tenants to leave (except by a bona fide cash-for-keys offer, with a 5-business-day review period). Violations bring $2,000 per violation or other civil remedies at the tenant's choice. N.J.S.A. 2A:50-70, 2A:50-71 (P.L.2009, c.296) |
| New Mexico | No New Mexico statute protects residents in foreclosure beyond federal law (federal PTFA applies). When the owner's interest ends (by sale, receivership or otherwise), the successor owner is liable for all obligations under the rental agreement and the Act. After written notice of the change, the resident pays future rent to the successor. NMSA 1978, § 47-8-21 |
| New York | After foreclosure, a tenant in a unit that is not rent-controlled or rent-stabilized may stay for the longest of: (a) 90 days after the required notice; (b) the rest of the lease, if the tenant lived there when the foreclosure began or got the RPAPL 1303 notice; or (c) the rest of a good-faith, roughly market-rate lease, up to 3 years. The tenancy continues on the existing terms. The new owner must give every tenant written notice of these rights and of its name and address. A successor who will live in the property as a primary residence may limit one unit to 90 days. Rent-regulated and subsidized tenants keep their rights under other law. RPAPL 1305(2)-(5); RPAPL 1303 |
| North Carolina | For residential property with fewer than 15 rental units, the foreclosure notice of sale must be mailed to each tenant (by name, or to 'occupant') at least 20 days before the sale. It must tell tenants they may end their lease by written notice effective 10 to 90 days after the sale date, if the default is not cured. A tenant who ends the lease this way owes only prorated rent. After the sale, the purchaser can get a clerk's order for possession only after 10 days' notice to those in possession, or 30 days for properties with 15 or more rental units. When the landlord's interest ends, the deposit must be transferred to the successor (with notice to the tenant) or returned within 30 days. N.C. Gen. Stat. §§ 45-21.17(4), 45-21.16A(b), 42-45.2, 45-21.29(k)(5), 42-54 |
| North Dakota | No statute — North Dakota adds no tenant protections beyond the federal PTFA. After a foreclosure sale and the end of the redemption period, the buyer may evict the occupant under the eviction chapter. N.D.C.C. § 47-32-01(5); chs. 47-16, 47-32 checked |
| Ohio | No statute — Ohio Rev. Code chs. 5321 and 1923 add no tenant protections in foreclosure or sale beyond the federal PTFA. Ohio Rev. Code chs. 1923, 5321 checked |
| Oklahoma | No foreclosure-specific statute. The Act's general rule for any end of the owner's interest (sale, assignment, death, bankruptcy, receivership or otherwise) applies: rent paid to the old owner before the tenant gets written notice of the transfer counts against the new owner; after written notice, the tenant pays future rent to the successor, who is liable for the landlord's obligations under the rental agreement and the Act (§ 119). Alienees of landlords have the same rights and duties as the landlord (§ 114). The federal Protecting Tenants at Foreclosure Act also applies (90-day notice; existing leases honored with limited exceptions). 41 O.S. §§ 114, 119; 12 U.S.C. § 5220 note (PTFA) |
| Oregon | A tenant who gets actual notice of a foreclosure may apply the security deposit or prepaid rent toward rent and cannot be evicted for doing so. A fixed-term tenant may end the lease with at least 60 days' written notice. For buildings with 4 or fewer units, failure to disclose a pending foreclosure before signing lets a tenant who must move recover twice actual damages or twice the monthly rent, plus prepaid rent. After a trustee's sale, the buyer must give a bona fide tenant written notice: at least 60 days for a fixed-term tenant (30 days if the buyer will live in the unit), and 30 days for month-to-month or week-to-week tenants. The buyer must then use the court eviction process. If the buyer accepts rent or gives no move-out notice within 30 days of the sale, the buyer becomes the landlord. ORS 90.367, 90.310, 86.782(6)-(10) |
| Pennsylvania | No state statute found — the Landlord and Tenant Act of 1951 has no foreclosure or sale protections for tenants beyond the federal PTFA. Landlord and Tenant Act of 1951 checked |
| Rhode Island | For buildings with 4 or fewer units, a 'foreclosing owner' (the lender or its affiliate, an institutional mortgagee holding title within 3 years, or Fannie Mae or Freddie Mac) may not evict a bona fide tenant except for just cause, or when a binding sale to a bona fide third-party buyer exists (with disclosure), or under certain HUD/FHA occupied-conveyance rules. Within 30 days of foreclosure, the owner must post, mail, and slide under the door a notice with its contact information, the address for paying rent, and a continued-occupancy form. Eviction for cause cannot start until 30 days after that notice. Separately, a landlord 120 days delinquent on the mortgage must tell tenants the property may be foreclosed; tenants must keep paying rent until foreclosure. R.I. Gen. Laws §§ 34-18-38.1, 34-18-38.2, 34-18-20(d) |
| South Carolina | No statute — South Carolina's landlord-tenant and ejectment chapters add no tenant protections in foreclosure beyond the federal PTFA. If a landlord sells the property in good faith to a buyer who takes over the lease, the selling landlord is relieved of later liability. S.C. Code § 27-40-450; chs. 27-37, 27-40 checked |
| South Dakota | No statute — South Dakota adds no tenant protections beyond the federal PTFA. After a mortgage or execution sale, once the redemption period expires and the deed is delivered, the buyer may bring an FED action against an occupant who stays. SDCL 21-16-1(5); chs. 21-16, 43-32 checked |
| Tennessee | Not verified yet |
| Texas | If a building is bought at a tax foreclosure sale or trustee's foreclosure sale under a lien superior to the lease, and the residential tenant timely pays rent and is not otherwise in default, the purchaser must give at least 30 days' written notice to vacate if it chooses not to continue the lease. Rent is timely if, in the month of sale, the tenant paid the landlord before receiving notice that a sale was scheduled, or pays the lienholder/purchaser within 5 days after receiving written notice of the purchaser's name and address requesting payment. A foreclosing lienholder may notify tenants before the sale. A tenant who holds over after foreclosure is a tenant at sufferance. Tex. Prop. Code Sec. 24.005(b); 24.002(a)(2) |
| Utah | Utah incorporates the federal PTFA: a bona fide tenant under PTFA Sec. 702 is in unlawful detainer only if the tenant stays after the effective date of a notice to vacate given in accordance with Sec. 702. A former owner/mortgagor who stays after a trustee's or sheriff's sale and a purchaser's notice to quit commits unlawful detainer. No additional state tenant protections found. Utah Code 78B-6-802 (PTFA bona fide tenancy subsection); 78B-6-802.5 |
| Vermont | In a mortgage foreclosure of residential rental property, the foreclosing party must join as defendants the tenants occupying under a rental agreement when the complaint is recorded (service by first-class mail is sufficient), and the summons must carry a 14-point warning that the home is being foreclosed. On receiving the complaint, the owner must tell each NEW tenant that a foreclosure is pending and they may have to leave on 30 days' notice (or longer federal notice). After judgment, the writ of possession must be served on a residential tenant and the plaintiff cannot be put in possession until at least 30 days after service (or longer if federal law requires). On an ordinary sale with no written lease, a landlord who has contracted to sell may end the tenancy on 30 days' actual notice. 12 V.S.A. § 4932(c); 12 V.S.A. § 4941; 9 V.S.A. § 4467(d) |
| Virginia | Single-family rental: the landlord must tell the tenant or prospective tenant in writing within 5 business days after receiving a lender's notice of mortgage default, acceleration or foreclosure sale; if not, the tenant may terminate on 5 business days' written notice. After a foreclosure sale, a buyer who will occupy the unit as a primary residence must give at least 90 days' written notice to vacate; any other buyer takes subject to the lease and the tenant may stay for the remaining term (subject to termination for cause or under the lease), with written notice to the tenant. Rent goes to the successor owner as directed in writing, to the managing agent, or into court escrow; the tenant is not delinquent or charged late fees until the successor names where to pay. On any sale, the landlord must disclose the purchaser's name, address and phone number. Va. Code Sec. 55.1-1237; 55.1-1216(B) |
| Washington | In a nonjudicial (deed of trust) foreclosure of tenant-occupied property, the trustee must post and mail a notice to the 'Resident of property subject to foreclosure sale' when posting the notice of trustee's sale, warning that the property may be sold in 90 days or more and the new owner may offer a new rental agreement or give a 60-day notice to vacate. A tenant or subtenant in possession when the property is sold in foreclosure must get at least 60 days' written notice to vacate before removal (eviction for waste or nuisance excepted); the rule does not apply to a borrower who stays on as a tenant. Separately, under just-cause eviction rules, an owner who elects to sell a single-family residence must give at least 90 days' written notice to end the tenancy. RCW 61.24.143; 61.24.146; 59.18.650(2)(e) |
| West Virginia | No state statute specifically protecting tenants in foreclosure was found; the federal PTFA (90-day notice; bona fide leases honored to term, with exceptions) applies. On a transfer of the property, the tenant keeps against the new owner the benefit of any condition, covenant or promise in the lease that it had against the original landlord (except warranty), and the new owner gets the landlord's rights under the lease. W. Va. Code §§ 37-6-1, 37-6-2 |
| Wisconsin | No statute — neither the landlord-tenant chapter (ch. 704) nor the real estate foreclosure chapter (ch. 846) contains tenant-specific foreclosure protections. The federal PTFA (90-day notice; bona fide leases honored to term, with exceptions) governs. Wis. Stat. ch. 704; ch. 846 (checked) |
| Wyoming | No state tenant-protection statute for foreclosures was found; the federal PTFA (90-day notice; bona fide leases honored) applies. State law lets a purchaser use forcible entry and detainer after a judicial foreclosure sale (against a judgment debtor in possession) or after a power-of-sale (nonjudicial) foreclosure once possession has been demanded. On a sale or transfer, the new holder of the owner's interest at the end of the tenancy is bound by the deposit-return rules. Wyo. Stat. § 1-21-1002(a)(ii)-(iii); § 1-21-1209 |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.