Renting a home that was foreclosed in Idaho: your rights

Your rights as a renter in Idaho, in order

1. Federal floor: 90 days and your lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to move, and a lease signed before the foreclosure lasts until it ends unless the buyer will live in the home. Section 8 voucher holders keep their lease and housing assistance contract. See our [renter's notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702 (12 U.S.C. § 5220 note); 42 U.S.C. § 1437f(o)(7)

2. The notice of sale is served on people living there

   At least 30 days before the trustee's sale

   The trustee must make at least 3 good faith tries, on different days over at least 7 days, to serve the notice of sale on an adult living in the home, and post a copy on the property. If you get one, it means your landlord's home is set for auction. Tell the trustee in writing that you are a tenant and keep paying rent to your landlord until the sale.

   Idaho Code § 45-1506(5)

3. What the 10-day rule means for you

   From the 10th day after the sale

   Idaho law says the buyer is entitled to possession on the 10th day after the sale, and anyone staying under an interest that came after the deed of trust is a tenant at sufferance. The federal 90 days and your lease rights still apply to bona fide tenants, so this does not let the buyer remove you sooner. A lease that came before the deed of trust is not cut off by this rule.

   Idaho Code § 45-1506(11); Pub. L. 111-22 § 702

4. Only a court can remove you

   If the new owner wants you out

   The Idaho Attorney General says a landlord may not use self-help to force a tenant out: no shutting off utilities, changing the locks or taking your things. The owner must file an eviction case and serve you, and only the sheriff, under a court's writ, removes a tenant. After an eviction, a residential tenant has 72 hours to remove belongings.

   Idaho Code §§ 6-303, 6-316(2)

5. Your security deposit moves to the new owner

   Within 21 days after you move out, or up to 30 if your lease says so

   If the property changes ownership during your tenancy, the new owner is liable to refund your security deposit. The refund is due within 21 days after you move out unless your agreement sets a time, and never more than 30 days, with an itemized list of anything kept. Normal wear and tear cannot be deducted.

   Idaho Code § 6-321(1) to (3)

6. If the utilities get cut off

   Right away

   The Attorney General's manual says to keep a written record, send the landlord written notice that service must be restored, and ask the utility about putting service in your own name. Public gas and electric utilities cannot shut off heat in December, January or February for nonpayment when children, elderly or ill people live in the home.

Common questions in Idaho