Ask Experts Questions for FREE Help !
Ask

Does a tenant have to be rent to a landlord if the property is being foreclosed on

Asked Oct 5, 2010, 11:49 AM — 4 Answers
The duplex I am living in is in foreclosure I have not paid the landlord this months rent but I have it set a side in a separate account the landlord is threatening to evict and to take possession of all the items in the home, in other words he says we have to leave today and that he is taking possession of everything in the home. I need help and fast I need to know if I have to legally give him this rent money and what my rights are as a tenant in this situation.

4 Answers
JudyKayTee's Avatar
JudyKayTee Posts: 45,437, Reputation: 23563
Uber Member
 
#2

Oct 5, 2010, 12:05 PM
He can't just throw you out - you have to be legally evicted. What State?

Is he AWARE that you have the rent and are holding it in escrow? Why are you holding it in escrow? In other words, what are you grounds for not paying rent?

The foreclosure does not entitle you to live there free so SOMEONE will need to be paid the rent.
Helpful
joypulv's Avatar
joypulv Posts: 11,970, Reputation: 9216
Uber Member
 
#3

Oct 5, 2010, 12:46 PM
You owe the landlord until a bank or court tells you otherwise. Plus, he may be trying to get out of foreclosure.
Helpful
Fr_Chuck's Avatar
Fr_Chuck Posts: 72,624, Reputation: 37031
Expert
 
#4

Oct 5, 2010, 06:23 PM


Merely putting it in a separate account in your name is not normally escrow.

You have to pay rent to the landlord up till and though the date it is sold at foreclosure sale ( foreclosure may go on for months) If you don't pay, he can evict you. So pay your rent, his issue with foreclosure is not grounds not to pay rent.

He then also can not just throw you out, he has to to evict you in court ( some states may allow him to attach personal property for rent owed but again this is though court)
Helpful
Advice123's Avatar
Advice123 Posts: 3, Reputation: 15
Junior Member
 
#5

Oct 12, 2010, 02:08 PM
Pay your dang rent!

If you pay your rent, there is a real good chance he will pay the mortgage, and you won't have to worry about an eviction.


Think logically - a landlord will never evict anyone who pays rent and is not creating a problem. If I was your landlord, I would evict to get a paying tenant.
Helpful

Not your question? Ask your question View similar questions

 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting

Undo
Redo
 
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

Tenant in foreclosed property [ 3 Answers ]

The house I am renting is in foreclosure. I had a lease agreement with the former owner that is still current. What are my rights as a tenant?

Tenant paying rent on a foreclosed property [ 2 Answers ]

We are renting a home and it is in the redemption period of foreclosure for 6 months and is up for sale. We have been showing the home, working with the real estate agent, etc. But we will need to move and I need to save the rent money with. What do I have to do.

Tenant rights on a foreclosed property [ 1 Answers ]

What are the tenants rights on a foreclosed property in Woodbridge Virginia. Do they have to leave the property or are they given a reasonable time to find another home.

A Virginia Tenant in a property being foreclosed [ 2 Answers ]

Our family lives in a residence in Virginia. We have a 3 year lease with a private owner/landlord. We found out via public advertisment that the property is going to public auction. We have paid all our rent on time (2 weeks early actually) and have kept the property immaculate. What are our...


View more Real Estate Law questions Search