My home was auctioned off in foreclosure in February because my landlord did not pay the mortgage. The new owner assumed title in September of this year and has yet to establish a relationship with me. Today, I received a notice from rent court where the new landlord claims that I have not paid him rent since last January. He was not the owner until September. Am I liable for the rent that he claims I own? And since he wants to do an eviction, when do I receive a copy of the papers that he should have filed in the same court that the foreclosure was done in, not the distict court?

excon

Hello L:

No. You are not liable to the new owner for rent that you didn't pay to the old owner.

I don't know what papers you think he should have filed in the foreclosure court about YOU, but YOU had nothing to do with that.

He MAY have been obligated to give you a 30 day notice BEFORE he went to court, however. If you want to stay for a while longer, go to court and use that as your defense.

But, in any case, you're outta there pretty damn soon.

excon

ScottGem

First, in a foreclosure, the buyer does NOT have to honor existing leases. So all he has to do it tell you to get out and you have to get out. Second, you are not responsible for any rent payments that you paid or should have paid to the old owner before the date of sale. However, you should have been paying those amounts. At the very least, you should have been paying them into an escrow account until ownership was resolved. I don't understand why you are in arrears on the rent.

As to the eviction, is he evicting over non payment or because he wants the house vacated?