[robert sussman]

I rent a house . The owner is in default. He is still asking for rent, but the bank now owns the house.Plus I have to move before my lease agreement is over due to the default.
WHat are my rights on paying rent, and to whom?
Can I sue the owner for making me move and incurring expenses before the lease is over?

[LisaB4657]

How do you know that the bank now owns the house? Until there is a foreclosure sale the landlord is still entitled to receive the rent. Once the foreclosure sale occurs then the landlord is no longer entitled to the rent.

You can try to sue the landlord but if he couldn't make his mortgage payments, what makes you think you'll be able to collect a judgment from him?

[robert sussman]

Thanks for the answer on the rent. I believe I can sue the owner for making me move and having to pay the moving bill a year before I should have if the bank takes over and asks me to leave.
Question?
Once in default, how long before the bank kicks me out or tries sendoing realty agents who want a look see in my private world with private possessions?

[LisaB4657]

Thanks for the answer on the rent. I believe I can sue the owner for making me move and having to pay the moving bill a year before I should have if the bank takes over and asks me to leave.

Yes, you can sue. Most likely you will win. But winning a judgment and collecting it are two very different things. He probably doesn't have any money (since he lost his rental house to foreclosure). So what are you going to collect?

Question?
Once in default, how long before the bank kicks me out or tries sendoing realty agents who want a look see in my private world with private possessions?

Good question. Every bank is different. Some will immediately start sending you notices and filing for eviction. Others might completely ignore you for months.

Have you considered contacting the bank and making an offer to buy the house from them?

[Fr_Chuck]

Of course you can sue, but there are few laws about this, in California you have more rights, in others, not near as many, and yes while you can sue, in many there is no clause in the contract to give you payment if this happens, So it will be in my opinion more iffy as to what you will or will not win. But then if the person is losing tiher home since they can't pay for it, most liekly they don't have any money to pay you even if you win, just winning a law suit does not mean you get the money, many judgements never get paid.

As to the original question, if the bank "owns" the house, then the old owner is not the landlord, now if the original owner still owns it, in most US states you still have to pay rent as long as they own it, A few states , California for sure allows you to withhold rent until this is cleared, then pay the money to them if they save the property.

[ScottGem]

I think you misunderstood what Lisa is telling you. First, I'm not at confident about your ability to win such a suit. You would have to prove the landlord was either negligent in his management of the property or committed fraud. Neither of which will be easy to prove.

But even if you do win, you still have to collect. Winning a judgement in small claims or civil court is only part of the battle. Its not like Judge Judy where the TV show pays the award. Once you get the judgement YOU have to find the defendant's assets to attach.

Until the foreclosure is finalized the landlord owns the property and your lease is valid and you have to honor it. Once the foreclosure is finalized, the new owners, be it the mortgage lender or someone who buys the property at auction, can send you an immediate vacate order. You can delay this a bit in court, but eventually you have to vacate.

Did you ever consider buying the house? The mortgage lender may be willing to assign the mortgage to you. You may just have to pay the arrearsand a little something to the landlord.