🏦 Illinois 90-Day Notice to Terminate

Foreclosure Property – Protecting Tenants at Foreclosure Act (PTFA)

📋 Federal Law Requirement

90Days Notice

PTFAFederal Law

ForeclosureProperty Type

2026Updated

⚖️ Protecting Tenants at Foreclosure Act: Federal law requires that the immediate successor in interest to a foreclosed property provide bona fide tenants with at least 90 days notice before requiring them to vacate, regardless of state law requirements.

📌 When to Use: This notice is required when a new owner acquires property through foreclosure and wishes to terminate existing tenancies. Federal PTFA protections apply to “bona fide” tenants who had a valid lease before foreclosure.

⚠️ Important: If the tenant has a bona fide lease that extends beyond 90 days, the new owner must generally honor the lease through its term, unless the new owner intends to occupy the property as a primary residence.

🏠 Property Information

Property Address *

Unit/Apt Number

City, State, ZIP *

County *

🏦 Foreclosure Details

Foreclosure Sale Date *

Date New Owner Took Title

Court Case Number (if known)

Previous Owner / Mortgagor Name

👤 Tenant Information

Tenant Name(s) *

All Other Occupants

Original Lease Start Date

Original Lease End Date

Monthly Rent Amount

🏢 New Owner / Successor in Interest

New Owner Name *

Phone *

Mailing Address *

Reason for Termination *

📅 Notice Dates

Date Notice Served *

📅 90-Day Calculator

Enter the notice date to calculate the 90-day termination date.

Termination Date (Must Vacate By) *

⚖️ Tenant Rights Under PTFA

Include required tenant rights information:

Tenant has right to 90 days notice before being required to vacate

If tenant has a bona fide lease, new owner must generally honor it

Tenant may be required to pay rent to new owner during 90-day period

Security deposit transfer information included

💰 Security Deposit Information

Security Deposit Amount (if known)

Deposit Status

Deposit Instructions

📦 Move-Out Instructions

Key Return Instructions

Forwarding Address Request

Contact for Questions

📬 Method of Service

How will this notice be served? *

Date of Service

Time of Service

Served By

✍️ New Owner Signature

Signature (Print Name) *

Date *

Title

📋 Certificate of Service

I certify that on , I served this 90-Day Notice on the above-named tenant(s) by the method indicated above.

Server’s Signature (Print Name)

Date Signed

Understanding the Federal Protecting Tenants at Foreclosure Act (PTFA)

The Protecting Tenants at Foreclosure Act is a federal law that provides important protections for tenants living in properties that go through foreclosure. Made permanent in 2018, it requires the new owner to provide at least 90 days notice before requiring tenants to vacate.

Key Protection: Bona fide tenants cannot be forced out immediately after a foreclosure sale. They are entitled to at least 90 days notice, and in many cases, their existing lease must be honored.

Who Qualifies as a “Bona Fide” Tenant?

To receive PTFA protections, a tenant must be “bona fide,” meaning:

The tenant is not the mortgagor (former owner) or child, spouse, or parent of the mortgagor
The lease was the result of an arms-length transaction
The rent is not substantially less than fair market rent (or the unit is subsidized)

When Does the Lease Continue?

The new owner must generally honor an existing bona fide lease UNLESS:

The new owner will occupy the property as their primary residence
The lease was not bona fide (sham lease, below-market rent, etc.)
The lease has already expired

💡 Important: Even if the new owner intends to occupy the property, they still must provide the full 90 days notice – they cannot force immediate vacancy.

Timeline After Foreclosure

📋 Typical Process:

Foreclosure sale occurs – new owner acquires property
New owner provides 90-day notice to existing tenants
90-day period begins from date of notice service
Tenant continues paying rent during 90-day period
Tenant vacates by termination date
If tenant doesn’t leave, new owner files eviction

Security Deposit Issues

Security deposits in foreclosure situations can be complicated:

The previous owner may have already spent the deposit
Illinois law makes the new owner liable for the deposit in some cases
Document the deposit status clearly in the notice
Tenants may need to pursue the previous owner for return

Rent During the 90-Day Period

During the 90-day notice period:

Tenant is typically required to pay rent to the new owner
Rent amount should be the same as the existing lease
Failure to pay rent could be grounds for separate eviction
New owner should provide payment instructions

Illinois-Specific Considerations

In addition to federal PTFA requirements:

Illinois state eviction procedures still apply after 90 days
Chicago RLTO may provide additional protections
Cook County RTLO has specific foreclosure provisions
Consult local ordinances for additional requirements

⚖️ Legal Disclaimer

This form is provided for informational purposes only and does not constitute legal advice. Foreclosure tenant rights involve complex federal and state law. Always consult with an attorney experienced in foreclosure and landlord-tenant law for specific situations.