Renting a home that was foreclosed in North Carolina: your rights

Your rights as a renter in North Carolina, 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. These federal rights give more time than North Carolina's own 10-day notice. 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. Notice of the sale mailed to you

   At least 20 days before the sale

   For a home or building with fewer than 15 rental units, the notice of sale must be mailed to each renter by name, or to "occupant" at the address. It must say the buyer can get an order for possession from the clerk, and that a renter can end the lease early.

   N.C.G.S. §§ 45-21.17(4), 45-21.16A(b)

3. Your right to end the lease early

   Move-out date 10 to 90 days after the sale date

   If your lease was signed or renewed on or after October 1, 2007, you can end it after you get the notice of sale by giving your landlord written notice with a move-out date at least 10 and no more than 90 days after the sale date, as long as the owner has not caught up the loan. You owe rent only up to that date, prorated. Keep a copy of your notice.

   N.C.G.S. § 45-21.16A(b)(2)

4. Order for possession from the clerk

   10 days' notice, or 30 days with 15 or more rental units

   After the sale is final and paid for, the buyer, trustee or lender can ask the clerk for an order for possession, but only after giving people still in the home 10 days' notice, or 30 days in residential property with 15 or more rental units. The sheriff carries out the order the same way as in an eviction case. If you are a bona fide tenant, tell the buyer and the clerk in writing about your federal 90-day and lease rights.

   N.C.G.S. § 45-21.29(k), (l)

5. Your security deposit

   Within 30 days after your landlord's interest ends

   When your landlord's interest ends by sale or otherwise, the landlord must within 30 days either transfer what is left of your deposit to the new owner and mail you the new owner's name and address, or return it to you. Ask both the old landlord and the new owner in writing what happened to it.

   N.C.G.S. § 42-54

6. Who to pay, and the old state tenant law

   From the sale on

   North Carolina's former statute on how a foreclosure affects an existing tenancy, G.S. 45-21.33A, was repealed in 2019, so we found no state rule that says who you pay after the sale. Keep paying rent as your lease says, ask the new owner in writing where to send it and to prove it owns the home, and keep receipts. Call Legal Aid of North Carolina and tell them you are a tenant.

   N.C.G.S. § 45-21.33A (repealed)

Common questions in North Carolina