Missouri Renters' Rights During a Foreclosure

If you’re renting a home or apartment in Missouri and discover your landlord is facing foreclosure, it can be a confusing and stressful situation. Understanding your rights under Missouri law and knowing what steps you can take is essential to protecting your housing stability.

What Happens When a Rental Property is in Foreclosure?

Foreclosure occurs when a landlord fails to make mortgage payments, allowing the lender to reclaim the property. As a renter, you have specific rights during this process under both Missouri law and federal protections such as the Protecting Tenants at Foreclosure Act (PTFA). While foreclosure may lead to changes in ownership, you generally have the right to reasonable notice before you may be required to move.

Your Key Rights as a Renter in a Missouri Foreclosure

• Written Notice: You are entitled to written notice if the property’s new owner intends to terminate your lease after foreclosure. Federal law typically requires at least 90 days’ notice for most renters.
• Lease Continuation: If you have a written lease, the new owner may be required to honor the terms of your lease until it expires, except under certain conditions (e.g., the new owner will live in the property).
• Rent Payments: Continue paying rent as usual. If ownership changes, make sure you receive written instructions from the new owner or their representative about where to send rent payments.
• Security Deposits: The new owner is generally responsible for your security deposit. Always keep records of your payments and correspondence.

In summary, Missouri renters are protected from immediate eviction during foreclosure and are entitled to formal notice about any change in their housing situation.

Eviction and Foreclosure: What’s the Difference?

Foreclosure is a process affecting the property owner's mortgage, not a direct eviction of tenants. Eviction is a separate legal process. The new owner must follow Missouri eviction laws and cannot remove you without proper notice and a court order.

Missouri Eviction Process Overview

• A written notice to vacate (typically 90 days post-foreclosure).
• If you don’t move after notice expires, the new owner must file for eviction in county court.
• You have the right to attend the eviction hearing and present your side.

Learn more at the Missouri Courts official website.

Relevant Forms for Renters in Foreclosure Situations

• Petition for Rent and Possession (Form 16A): Used by property owners to formally start an eviction. You may receive this if the new owner seeks eviction.
  Example: If you receive this petition, it means formal eviction proceedings have started and you’ll be informed of your court date.
  See official Petition for Rent and Possession
• Answer to Petition (Form 16B): Use this form if you wish to respond to the landlord's eviction claim in court.
  Example: File this before your court date to state your reasons for contesting the eviction (e.g., improper notice, lease protections).
  Download the Answer to Petition form

Where to File and Get Help

Eviction and foreclosure-related issues for residential renters in Missouri are handled by local Circuit Courts in each county. Tenants may also seek guidance from the Missouri Attorney General’s Office.

Federal Law: Protecting Tenants at Foreclosure Act (PTFA)

The Protecting Tenants at Foreclosure Act gives most renters the right to at least 90 days’ written notice before being required to move. If you have a valid lease, you may stay until it ends, except in cases where the new owner will reside in the unit. Learn full details on the Consumer Financial Protection Bureau site.

Steps If You Receive a Foreclosure Notice

• Continue paying your rent on time.
• Request a copy of the notice and learn the legal timeline for vacating.
• Respond in writing if you are given any official notices, and keep copies for your records.
• Contact a legal aid service or the Missouri Attorney General’s Office for assistance.
• If an eviction suit is filed, use the Answer to Petition (Form 16B) to respond.

If you need additional time to relocate, you can request an extension from the court. Be prepared to present your case and documentation.

FAQ

1. What should I do if I get an eviction notice after foreclosure?
   Respond promptly using the provided court forms, attend your court hearing, and seek legal assistance if needed.
2. Will I lose my security deposit if my landlord is foreclosed on?
   No. The new owner is usually responsible for returning your security deposit when you move out, as required by Missouri law.
3. How much notice should I receive before being required to move?
   Most tenants are entitled to at least 90 days’ written notice under federal law before moving out due to foreclosure.
4. Can the new owner evict me immediately?
   No, proper notice and a court-ordered eviction are required under Missouri and federal law.
5. Where can I get legal help for a foreclosure or eviction?
   Contact the Missouri Attorney General’s Consumer Protection section, a local Legal Aid office, or your county Circuit Court.

Key Takeaways

• You have the right to written notice and may stay in your home during most of the foreclosure process.
• Missouri law and the Protecting Tenants at Foreclosure Act protect renters from immediate eviction after foreclosure.
• If you receive any court notice, respond promptly and seek out official resources for support.

Need Help? Resources for Renters

• Missouri Circuit Courts – Find your local court to file or respond to eviction forms.
• Missouri Attorney General: Landlord-Tenant Law – Authority on tenant rights and complaints.
• Legal Services of Missouri – Free or low-cost legal assistance for qualified renters.
• Missouri Housing Development Commission – Rental assistance and housing resources.
• Consumer Financial Protection Bureau PTFA Guide – Details on federal renter protections in foreclosure cases.

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1. Missouri Revised Statutes Chapter 535 – Landlord-Tenant Law
2. Protecting Tenants at Foreclosure Act of 2009
3. Missouri Courts – Evictions and Forms
4. Missouri Attorney General: Consumer Protection

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