Legal Question in Landlord & Tenant Law in Georgia

my "tenant" through foreclosure wants to stay 90 days under Helping Families Save Their Homes Act but they did not respond to dispossessory affidavit in GA. The 7 day period expired and the Sheriff now has a scheduled eviction date. No payment has been made and only a verbal request to stay has now been made. Can they stay or can I proceed with the scheduled eviction date?


Asked on 1/24/10, 6:47 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Said federal legislation requires that in the event of foreclosure, existing leases for renters are honored, except in the case of month-to-month leases or owner occupants foreclosing in which cases a minimum of 90 days notice will be required. Parallel protections are put in place for Section 8 tenants. Since your post omits facts needed to answer this is the best answer that can be given and you should discuss this with the lawyer that handled your foreclosure.

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Answered on 1/30/10, 7:49 pm


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