Thursday, May 29, 2008

Renters have rights if the property they are living in is in foreclosure, and the county wants them to know what those rights are and how to protect them.

For information or for help negotiating with landlords, call Fairfax County's Consumer Affairs Branch at 703-222-8435, TTY 711, or go to the office from 8 a.m. to 4:30 p.m., at 12000 Government Pkwy, Suite 433.

Lease terms must be followed even when a property is going through foreclosure. Once it is final, the lease is terminated and lenders or new property owners are not bound by the lease.

If a renter must move out before the end of the lease, it is possible to sue a landlord for breach of contract, but the best move is to take action as soon as you hear the landlord faces foreclosure.

The county offers these suggestions for renters:

· Keep paying rent until a foreclosure is final. If you do not, a landlord can have you evicted for failure to pay rent. Any court action, even if not carried out, can make it hard to rent another property.

· If you hear about the foreclosure the first time through contact with a lender or new owner, talk directly to the lender or new owner about an agreeable date to move out.

· Lenders or new property owners are not allowed to remove tenants or belongings without a court order.

· You do not have a legal right to continue living in a property that has been foreclosed on.

· You are entitled to get back your security deposit, based on the terms of the lease, after a foreclosure is final.