Marchell Mascheck used to love her job as a Realtor in Richland, Wash., helping families pick out their dream homes. Now, she spends most of her time working with the REO (real estate owned) departments of banks that have taken back properties in foreclosure proceedings, helping them with resale. Part of her job is delivering the bad news to renters that their lease has been wiped out in the foreclosure and they have to move.

“I don’t like doing this,” Mascheck says. “A lot of times, it’s the first time they know something has happened.”

It’s become an all-too-common scenario for renters: a letter in the mail or a notice on the door that the property is in foreclosure and they need to move — now. If that’s happening to you, here are answers to questions you may be asking about tenants’ rights in foreclosure. Keep in mind that tenant-landlord laws are specific to your locale. The National Low Income Housing Coalition provides a state-by-state chart with information on foreclosure and how it impacts tenants.

1. Do I need to keep paying the rent?

If the loan is in default but hasn’t gone into foreclosure yet, you need to keep paying the rent. “If [renters] stop paying rent, we as property managers would file [for eviction] on them,” says Chris Garner, owner of Garner Properties and Management in Taylor, Mich. “Up to the time the title is transferred, the original owner is entitled to continue to receive proceeds from the property.” Make sure you have proof of all your payments, either through your canceled checks or receipts for cash.

You may get a default notice and instructions to pay the rent to the bank instead of the landlord, says Janet Portman, managing editor at NOLO Press and co-author of Every Tenant’s Legal Guide. You need to verify that the notice is legit. “There are scams,” Portman says. If it’s from a bank, find a phone number or address on your own; don’t just call the number on the notice.

If the foreclosure has gone through, your lease almost certainly has been wiped out. The bank will contact you about moving. Save the rent money; you’ll need it for getting a new place.

2. What if the landlord won’t take care of the property?

This is when things get sticky. Property owners have a legal responsibility to maintain their properties to livable standards. Realistically, though, if the owner is getting ready to lose the house, there’s not much incentive for him to fix anything. In that situation, Portman says, “many states give you options of not paying rent, or repairing it yourself and deducting the cost” from the rent.

You can also give notice and move out, on the grounds that the owner has violated the terms of the lease by failing to maintain the property.

3. Do I really need to move?

More than likely, yes. Even though it might make more sense to have a steady renter in a unit than a vacant property, banks don’t want the liability of being landlords, so they want you out. And unless you live in a rent-controlled unit or have a Section 8 lease, with special rights for tenants, a judge is going to side with the bank, Portman says.

The most common foreclosure scenario is the one that involves real estate agents like Mascheck. Banks hire agents to offer tenants a cash deal to move out; it’s called cash for keys. Basically, it’s cheaper and faster to pay you than to evict you.

“Banks go to the bottom line — what will it take to get you out without a fight and without damage to the unit?” Portman says. “From the tenant’s point of view, it’s sort of a game of chicken. You don’t want eviction on your record.”

While the prospect of moving unexpectedly may be overwhelming, you can’t afford to dawdle. Once the bank takes the property back through foreclosure, “the possibility of getting locked out is very real,” Mascheck says.

4. What about my security deposit?

Landlord-tenant laws are decidedly friendly to tenants when it comes to security deposits. Assuming you left the unit in good condition, it’s your money; you’re entitled to get it back. When a rental property is sold, the security deposit should be returned to the tenant and collected anew, or transferred to the new owner. “It’s no different when it comes to a foreclosure,” Portman says. “Even if the bank doesn’t get the security deposit from the owner, the bank should be required to return it to you.”

Still, lenders are “regularly telling people they have to deal with the original owner,” Portman says. “That’s not the law.”

The key to protecting your rights and getting the deposit back, Mascheck says, is to have a written, signed rental agreement and a receipt for the security deposit.

5. How do I keep this from happening with my next landlord?

It’s entirely appropriate for you to run a background check on a prospective landlord to detect any signs of an impending foreclosure. Portman advises asking for a credit report, permission to talk to her lender to make sure payments are current, and a chat with the previous tenants.

You can also check the county recorder’s office for a notice of default. “Find out how long they’ve owned it,” Mascheck says. “If it’s a very recent purchase, that’s a red flag. Do as much as you can to find out what’s going on with this potential landlord.”