I own a duplex that is being foreclosed on and need the rental units vacated, what should I do?

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Question:

The duplex I own and rent out to people is facing the prospect of foreclosure. If my duplex is foreclosed, how do I go about having the rental units vacated?

 

Answer:

First of all, you need to be upfront with the renters in your duplex immediately, so they have notice of what is going on. Usually, you need to give the tenants 30 days notice to have the rental units vacated. Although you are going into foreclosure, the tenants still have to pay rent as long as they are occupying the home. If you are able to speak with the bank about the duplex foreclosure, you may be able to help determine if the bank wants the renters to remain in place until the unit is resold. Some banks are receptive to retaining occupants if they continue to pay rent and maintain the duplex.

If you are having issues communicating with the bank, or dealing with the tenants, you should speak with an experienced real estate lawyer who can explain to you your rights and obligations in dealing with the duplex foreclosure and your tenants.

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