Fairfax County Office of Public Affairs
12000 Government Center Parkway, Suite 551
Fairfax, VA 22035-0065
Contact: Merni Fitzgerald, Director of Public Affairs
703-324-3187, TTY 711, Fax 703-324-2010
Media Pager: 703-324-NEWS (6397)
publicaffairs@fairfaxcounty.gov
May 20, 2008
Renters Facing Foreclosure Should Know Their Rights
Fairfax County officials want renters to know their rights if the property where they are living is being foreclosed.
To learn more, renters should contact Fairfax County’s Consumer Affairs Branch to find out their options or get help negotiating with landlords. Call 703-222-8435, TTY 711, or get help in person at 12000 Government Parkway, Suite 433, Fairfax, between 8 a.m. and 4:30 p.m.
While a property is going through foreclosure, landlords and tenants must follow the terms set forth in the lease. Once a foreclosure is final, the lease is terminated. Lenders or new property owners are not bound by the lease with the original landlord.
If they must move out before the end of their lease, renters may be able to sue their landlords for breach of contract. However, the best advice for renters is to take action as soon as they learn their landlord is facing foreclosure. They may ask to end their lease early without penalty, as well as work out an agreeable date to move out.
There are other important facts for renters to know:
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Tenants should continue to pay rent until a foreclosure is final.
Otherwise, a landlord can go to court to evict a tenant for failure to
pay rent. Any court action, even if not carried out, can make it
difficult to rent another property.
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Tenants might learn for the first time that property has been
foreclosed after being contacted by a lender or new owner. In this
case, tenants should talk directly to the lender or new owner about an
agreeable date to move out.
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Lenders or new property owners can’t remove tenants or their belongings
without a court order.
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Tenants do not have a legal right to continue living in a property that
has been foreclosed.
- Tenants are entitled to the return of their security deposit based on the terms of the lease after a foreclosure is final.
For more information, contact the Fairfax County Consumer Affairs Branch at 703-222-8435, TTY 711.
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