Renting a home that was foreclosed in Missouri: your rights

Your rights as a renter in Missouri, in order

1. The federal floor: 90 days and your lease

   At least 90 days after written notice

   A bona fide tenant must get written notice to vacate at least 90 days before the move-out date. A lease signed before the foreclosure can run to its end unless the buyer will live in the home, and that buyer still owes 90 days. Federal law keeps any state rule that gives more, and Missouri's 10 business days is shorter, so the federal rule controls for bona fide tenants. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702, note under 12 U.S.C. § 5220

2. Section 8 voucher holders

   For the rest of your lease

   The new owner takes the home subject to your lease and the housing assistance contract with the housing authority. Wanting to sell the home empty is not good cause to end your tenancy.

   42 U.S.C. § 1437f(o)(7)(C), (F)

3. Notice to Occupant Following Foreclosure

   After the trustee's sale

   The new owner must send a notice by certified or registered mail if it knows your name, or regular mail to "occupant" if not, with Notice to Occupant Following Foreclosure printed on the envelope. It must also post the notice on your door. The notice names the new owner, gives its address and phone, and says when it may seek a court order.

   RSMo 534.030(2), (3)

4. No court case for at least 10 business days

   10 business days from the notice date

   No eviction case can be filed against you until at least 10 business days after the notice. Staying after the notice does not make you the new owner's tenant, but you and the new owner can agree to a new rental or lease agreement. Get any agreement in writing.

   RSMo 534.030(2)

5. Removal only by court order

   After the notice period and a court judgment

   The new owner has to win an unlawful detainer case before you can be removed. Go to the court date on your summons and bring your lease, rent receipts and the notice. Tell the judge you are a tenant and when your lease ends.

   RSMo 534.030(1)

6. Your security deposit

   Within 30 days after the tenancy ends

   Missouri requires a landlord to return the deposit, or send an itemized list of damages with any balance, within 30 days after the tenancy ends, and a tenant can recover twice any amount wrongfully withheld. We did not find a Missouri rule on moving a deposit to a foreclosure buyer, so ask your old landlord in writing what happened to it and keep a copy.

   RSMo 535.300(3), (6)

Common questions in Missouri