Renting a home that was foreclosed in Washington, D.C.: your rights

Your rights as a renter in Washington, D.C., in order

1. Federal floor: 90 days' notice, and your lease may continue

   After the sale

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets at least 90 days' written notice to vacate, and a lease signed before the foreclosure runs to its end unless the buyer will live in the home. If you have a Section 8 voucher, the new owner takes over your lease and housing assistance contract. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702, as restored by Pub. L. 115-174 § 304

2. No action against you until the buyer records a deed

   After the auction

   A buyer at a foreclosure auction cannot send a notice to quit, file for possession, or charge rent or use and occupancy until a deed to the buyer is recorded at the Recorder of Deeds. The law says this does not change the rights of tenants whose tenancies survive the foreclosure.

   D.C. Code § 42-815.05

3. Just cause: you can stay while you pay rent

   As long as you keep paying

   The Rental Housing Act says no tenant can be evicted, even after the lease ends, as long as the tenant keeps paying the rent the housing provider is entitled to, unless a reason listed in the law applies and the tenant gets the required written notice. Foreclosure is not on that list.

   D.C. Code § 42-3505.01(a)

4. If the new owner wants to move in

   At least 90 days' notice

   A person who owns the unit can recover it in good faith to live there personally, but must give a 90-day notice to vacate and cannot rent the unit to someone else for 12 months. A company or bank buyer cannot use this reason.

   D.C. Code § 42-3505.01(d)

5. Leases older than the mortgage

   When the sale is conveyed

   D.C. law treats people living in the home after a mortgage sale as tenants at will, but it makes an exception for a tenant holding an unexpired written lease for a term of years that is older than the mortgage. Bring your lease to legal aid so they can check its date against the mortgage.

   D.C. Code § 42-522

6. Rent, deposits and free help

   As soon as you get any notice

   Keep paying rent under your lease, ask the new owner in writing for proof of the deed and where to pay, and keep every receipt. Security deposit rules are in the D.C. Housing Regulations, and the Office of Administrative Hearings can hear complaints about deposits that are not returned. The Office of the Tenant Advocate (202-719-6560) and the Landlord Tenant Legal Assistance Network (202-780-2575) offer free help.

   D.C. Code §§ 42-3502.17, 42-3505.01(a-1)

Common questions in Washington, D.C.