As I said before, please remember when a lawyer becomes involved your problem becomes an issue and that I am a paralegal not a lawyer.
The P.T.F.A. was signed into law May 21, 2009. Prior to P.T.F.A. a tenant could be evicted from a property with as little as 24 hour notice if the property owner was forced into foreclosure. Even if the tenant had a lease and was paying the rent on time every month, the eviction could happen. Under P.T.F.A. if a property is forced into foreclosure, the Bankruptcy Trustee or new owner is required to maintain the property as is for the remaining duration of the longest current lease term.
For example, in a multi-tenant property where renter 1 has a 6 month lease and another renter has a 2 year lease, the property must be maintained for the 2 years. However, the tenant with the 6 month lease could still be forced to move when their 6 month lease expired. All amenities promised in the lease, like utilities being included in the rent must be maintained duration of the lease.
Month to month tenants were also included in the order. Under the P.T.F.A a month to month tenant will have 90 days if they are ordered to vacate the property.
Just so you know under executive order section 8 and H.U.D. subsidies where to be considered as leases under the P.T.F.A.
Of course, you have to prove that you have maintained your end of the lease with rent receipts and a hardcopy of your lease.
Now P.T.F.A. was original set to expire December 2012. P.T.F.A. was renewed in April 2013 under Dodd-Frank Wall Street Reform and Consumer Protection Act H.R. 4173. Extending the termination date to midnight December 2014. So as you can see, an executive order might very well be a great quick but very temporary fix to a problem. A permanent lasting fix still has to go through the usual channels. At least while we are still pretending to live in a democratic country not a plutocracy.
Side-Note: Barnett “Barney” Frank (born March 31, 1940) United States House of Representatives Massachusetts from 1981 to 2013. I believe he was instrumental in getting this added to the Wall Street Reform and Consumer Protection Act. I would very much like to see him in the senate I think he would create a lot of problems for the idiots in the senate.
I know there has been a lot of hoopla over the number of executive orders President Obama has made. Just so you know, I would like to point out, according to the federal register President Obama has only made 151 executive orders compared to President G.W. Bush’s 300.
Excuse me for getting a little political but I am human after all.
Next week we will pick up with why lawyers are so interested in money.