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Federal and State Protections for Tenants Living in Properties That Have Been Foreclosed On


2010 federal and state legislation gives tenants living in properties that have been foreclosed upon some additional protections during the eviction process -- including the requirement that an eviction of a bona fide tenant only be for "just cause" unless certain specified conditions are met.

A Bill to Stabilize Neighborhoods -- This Massachusetts bill, chapter 258, was signed into law on August 7, 2010.  A link to the bill is here.  The bill adds a new chapter 186A to the General Laws and allows most tenants in foreclosed rental properties who pay rent and comply with tenancy obligations to remain in their homes until there is a binding purchase and sale agreement.

Protecting Tenants at Foreclosure Act of 2009 (PTFA) and "Protecting Tenants at Foreclosure Extension and Clarification (2010) -- These federal bills require bona fide tenants in foreclosed properties to be given at least 90 days notice to vacate, and also gives most tenants with pre-existing leases the right to remain in the property during the term of the lease.

Additional general materials about these laws are as follows:

Note: The PTFA expired 12/31/14 but on 5/24/18 it was reauthorized and permanently extended.

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