Important Resources to Prevent Eviction
Getting evicted? Worried you might be soon?
To learn more about your rights if you are being evicted, come to a live virtual information session with a PTLA attorney every Tuesday at 9 a.m.
Introduction
Has the building or home you rent been sold or foreclosed on? You still have rights as a renter!
What happens if my landlord sells my building?
Your rights might change if your landlord sells the building you live in.
If you don't have a written lease
You are still a tenant. If you pay your rent and do not cause a dangerous condition at your unit, your landlord can only evict you by giving you a 30 day notice. The notice must expire after the last date you've paid rent for. For example, if you paid your rent for June, the 30 day notice can't expire before July 1st.
Sometimes a new landlord wants you to sign a lease. You do not have to sign it if you don't agree to the terms. But, your new landlord can give you a 30 day no cause notice. This means your landlord doesn't have to have a reason to evict you and can evict you for not signing the lease. There are limited times when your landlord can't give you a 30 day no cause notice. Call Pine Tree Legal assistance if you receive an eviction notice.
If you have a written lease
You probably have the right to stay until the end of your lease term. Read your lease to see if it says anything different.
If your lease term is for more than 2 years, you should record your lease in your county Registry of Deeds before the sale, to help protect your lease rights. This rule also applies if you have a long term lease with no specific ending date.
If your lease is for more than 2 years, or if you think you are “renting to own” and find out your landlord is in foreclosure or selling the building, call PTLA right away.
Does the new owner have to give me a Notice to Quit before evicting me?
Yes. Even if you don't have a written lease, your new landlord must give you a 30 day or a 7 day written notice. To learn more about the eviction process, read Rights of Maine Renters: Eviction.
What if my building is in foreclosure?
The foreclosure process can take several months, sometimes years. Your landlord is still responsible for the building and its tenants during the foreclosure process. This means that your landlord still has to maintain the property during the foreclosure. If they fail to do so, or if they disappear and won’t return your calls, contact PTLA.
Can my landlord still evict me?
Your landlord can still bring an eviction action by following all of the normal eviction rules. This means that your original landlord can bring an eviction until the court makes the bank the owner of the building through the foreclosure action. At that time, the bank takes over the responsibilities for the building and its tenants - along with the power to evict.
What happens when the bank takes over?
The bank must give tenants written notice of the foreclosure order. The notice can be:
- mailed
- served by the sheriff or
- posted on the building.
If the bank tries to evict you, federal law requires the bank to give you a minimum of 90 days notice. After the 90 days notice expires, you can be brought to court for an eviction.
Usually the bank sells the building to a new owner, who would then become your landlord. If this happens to your building, you are still a tenant. If the new owner decides to evict you, they must give you 90 days notice. This 90 day rule only applies to the new owner who bought the building from the bank. If the owner who bought the building from the bank sells the building again. The 2nd new owner does not need to provide 90 days notice.
July, 2017
PTLA #639