Move-out rights when foreclosure strikes

Rent it Right

By Inman News Feed
Add Comment Add Comment | Comments: 0 | Posted Jul. 7, 2011

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Luckily for Bristol Plaza, there was apparently no such demand.

Your take on "home detention" and what it would pose for any landlord is pretty accurate, too. Putting someone under house arrest literally turns the property into a private jail.

Although people who qualify for house arrest are deemed not to pose a significant risk of flight, nor be dangerous to others, they still must be confined and their movements monitored.

Judges who grant house arrest must be convinced that the setup will be sufficiently secure. This often means round-the-clock surveillance, not just an ankle bracelet. If the arrestee is a public figure, add the presence of journalists and gawkers.

Any landlord would be on solid ground to refuse such a tenancy, for the simple reason that it could severely interfere with his other tenants' rights to quiet enjoyment. In fact, these tenants may have sufficient grounds to move out.

Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of "Every Landlord's Legal Guide" and "Every Tenant's Legal Guide." She can be reached at

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