Tenant's Right in Foreclosure

What are a tenant's rights upon foreclosure?

If the property is not yet rented, the landlord must disclose in writing to a prospective tenant that the property to be leased or rented is the subject of foreclosure proceedings. Then the tenant can make an informed deciion as to whether or not he/she wants to get into that situation. A landord who knowingly violates this requirement may be guilty of deceptive trade practices. NRS 118A.275.

If the property goes into foreclosure and is sold after it is rented, a tennant may be removed after receiving a notice of the change of ownership and after the expiration of a notice period beginning on the date the notice was received by the tenant and expiring:

  1. For all periodic tenancies with a period of less than 1 month, after not less than the number of days in the period; and
  2. For all other periodic tenancies or tenancies at will, after not less than 60 days. NRS 40.255.2

{Note: The federal Protecting Tenants at Foreclosure Act which gave tenants a 90 day grace period is no longer in effect. It expired December 31, 2014 and was not renewed.}

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