Renting a home that was foreclosed in Virginia: your rights

Your rights as a renter in Virginia, in order

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

   After the sale

   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; Pub. L. 115-174 § 304; 42 U.S.C. § 1437f(o)(7)

2. Your landlord must tell you about a default or sale notice

   Within 5 business days of the lender's notice

   The landlord of a single-family home must tell you, or anyone about to rent from it, in writing within five business days after receiving a lender's notice of default, acceleration or foreclosure sale. If the landlord does not, you can end your lease with at least five business days' written notice, and your deposit must be handled as the law or your lease requires.

   Va. Code § 55.1-1237(A), (B)

3. A buyer who will live there: at least 90 days' written notice

   At least 90 days before the move-out date

   If the buyer at the foreclosure sale plans to live in the home as a primary residence, it must give you written notice that the rental agreement is ended and a move-out date at least 90 days after the notice.

   Va. Code § 55.1-1237(C)(1)

4. Any other buyer takes the home subject to your lease

   For the rest of your lease term

   A buyer who bought for any other reason, such as a bank or investor, takes the home subject to your rental agreement and must let you stay for the rest of the term, though it can end the agreement as the Virginia Residential Landlord and Tenant Act or your lease allows. It must tell you in writing.

   Va. Code § 55.1-1237(C)(2)

5. Who to pay, and no late fees until you know

   From the sale until the new owner writes to you

   After the sale, you pay rent to the new owner as its written notice directs, to the managing agent, or into a court escrow account (you are not required to file to use escrow). If there is no managing agent in your lease, you still owe rent, but you cannot be called delinquent or charged a late fee until the new owner gives you its name, address and phone number for payments.

   Va. Code § 55.1-1237(C)(2)

6. Your security deposit follows the home

   Within 45 days after you move out

   Whoever holds the landlord's interest when your tenancy ends must return any deposit owed to you, even if the old landlord never handed it over and no matter how the interest was acquired. The itemized return is due within 45 days after the tenancy ends or you move out, whichever is later.

   Va. Code § 55.1-1226

Common questions in Virginia