Tenant should always get at least one month's notice

Q We are renting a property that is up for sale today via auction. We have been told by two different attorneys that we are not bound by the lease once the property is no longer owned by the landlord as of the sale/auction date, so I would like to get your feedback on that.

Our lease is up in June. What if we move prior to this? What is our obligation once the property is sold?

Also, the other side of the duplex where we live has been sold and the redemption period ended last week. Our neighbor indicated that an attorney visited him on Thursday, and he was told that he has two weeks to get out -- not 30 days.

A Sorry to hear about your situation, and sorry you are getting such conflicting information. First, in a foreclosure action, there is usually a sheriff's sale. The period after the sheriff's sale is called the "redemption period." During this period, the person whose interest was foreclosed has the right to redeem the property by paying all amounts owed to the mortgage holder.

The length of the redemption period can vary based on how much has been paid down on the loan, the date the loan was originated, or whether the property is vacant, but it is generally six months.

In Minnesota, a landlord technically retains "possession" of the property during the redemption period, as well as many of the rights of ownership. This means that unless a court orders otherwise, the landlord continues being the landlord and the tenants are still bound by the lease.

If a tenant simply stops paying rent to the landlord, a landlord can bring an eviction action against the tenant, and even if the tenant argues that they thought they no longer had a duty to pay rent, or were unsure to whom the rent was to be paid, the tenant will be evicted unless they come up with the outstanding rent and will not likely be able to expunge the eviction from their record.

If the mortgage holder does not state this in writing, then the notice cannot be effective until one month after the date the redemption period expires. Either way, the mortgage holder must give at least one month's written notice. Remember, this is not the type of notice that is based on the rental period; it is actually one month. So, if the redemption date is March 10, the notice can be effective on April 10.

Leases entered into after the sheriff's sale do not require one month's notice.

In your case, since your lease is up June 1, you have the right to give the landlord a notice indicating that you intend to terminate your lease May 31. At that time, assuming you gave proper notice, you can simply move and there is nothing your landlord or the mortgage holder can do.

If you want to stay on until the redemption period expires, and choose not to give a notice of intention to terminate the lease, you have that right, unless your landlord properly terminates your lease in the meantime.

Keep paying your rent to your landlord, unless you receive a court order directing you to pay the rent somewhere else. If you do receive such an order, make sure you follow it. In addition, keep copies of any notices you receive and all letters and notices you send, so you have them if necessary.

If you move after the redemption period, the mortgage holder is probably responsible for the damage deposit, unless your landlord transferred the deposits to someone else during your tenancy. Make sure you keep track of the mortgage holder's identity, so you can pursue your damage deposit if necessary.

Kelly Klein is a Minneapolis attorney. Do not rely on advice in this column regarding a legal situation until you consult a qualified attorney; information provided by readers is not confidential; participation in this column does not create an attorney/client relationship, and no such relationship is created without a retainer agreement with Klein. If you have questions concerning renting, you can e-mail her at kklein@kleinpa.com, post your questions at www.startribune.com/kellyklein or write in care of Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488.