Law gives renters eviction protection

Thanks to a new federal law, renters have protection against foreclosure.

According to a news release from Georgia Legal Services Program Inc., the Protecting Tenants at Foreclosure Act of 2009 became effective May 20.

The law applies to any foreclosure on a federally related mortgage or any residential mortgage foreclosure occurring after May 20. Unless extended, the law's protections will expire Dec. 31, 2012.

The law in Georgia had been that a foreclosure terminated the tenant's lease. Tenants could be asked to vacate immediately following the foreclosure sale.

Now, the purchaser at a foreclosure sale must permit tenants with leases entered into before the notice of foreclosure to occupy the premises until the lease ends.

If the tenant's lease has less than 90 days remaining, the tenant must be given a 90-day notice before having to vacate the property. If the tenant does not have a written lease or has a month-to-month lease, the tenant also must be given a 90-day notice to vacate.

Section 8 housing voucher tenants are given additional protections under the federal act. The purchaser at foreclosure must accept the Section 8 voucher holder's lease and the former owner's subsidy contract with the housing authority.

At the end of the voucher lease the new owner may terminate the tenancy by providing the tenant a 90-day notice to vacate.

The only exception to regular leases and Section 8 housing voucher tenants is, if a purchaser plans to occupy the foreclosed property as a primary residence, leases can be terminated but residents still must be given a 90-day notice.

To be covered under the act, the lease must not be between family members and must not be substantially less than the fair market rent for the property unless the unit's rent is reduced due to a federal, state or local subsidy.