If property is in foreclosure, ask loan holder what to expect

Q I was just informed that the duplex that I live in went into foreclosure. My lease isn't up until the end of June. I have no idea what this means for me.

Do I have to get out when they tell me? Can they raise my rent even though I have a lease?

My landlords are removing the dumpster they had for their renters and it sounds like the bank or the Realtor will not be replacing it.

Is that legal for there to be nowhere for us to throw our garbage? Can you tell me about my rights?

A Do not freak out! When the mortgage holder takes over a property after a foreclosure, they have a few options.

They can give everybody a 30-day notice to vacate, or they can simply operate the building as the landlord. Either way, you have to have a place to put your garbage, and it is a violation of city code not to have a receptacle for tenants to place their garbage.

I would contact them to see how they intend to proceed. After determining their intent, I would mention the garbage issue, and ask that a dumpster be located on the property.

Does Minnesota have the same statute or do I need to make sure this is in my lease?

A The Servicemembers Civil Relief Act of 2003 ("SCRA"), formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940, is a federal law that gives all military members some important rights as they enter active duty. It covers such issues as rental agreements, security deposits, prepaid rent, eviction and other issues. It also provides many important protections to military members while on active duty.

The prior law only allowed the termination of pre-service "dwelling, professional, business, agricultural, or similar" leases. The new provision in the SCRA is under Sec. 305, which allows for soldiers or their dependents to terminate leases when they receive orders for a permanent change of station (PCS) or a deployment for a period of 90 days or more.

Federal law trumps Minnesota law in this instance, so it is irrelevant whether there is a state law regarding terminating your lease early for military purposes, because you are protected either way.

In addition, regardless whether there is a military clause in your Minnesota lease, you are able to give a 30-day notice of cancellation, if necessary.