My landlord is going into foreclosure. She has filed bankruptcy and has told us that we have to vacate the premises by Dec 1. I have found a place and will be vacating the premises on Oct 31. Do I have to pay Nov rent? By the way her notice was dated Oct 1. She states that she was giving us 60 days. Please advise. Secondly, can I sue her for moving expenses, for it was not in our plans to have to move in 5 months after just having moved from south Florida to the atlanta area.

Do you have a lease or is this a month to month rental.

She can not give you notice to move that can be enforced if you have a lease by merely being "in" bankruptcy or foreclosure.

You and the landlord can reach an agreement together to move out if you have a lease.

So need to know if you have a lease or not to answer properly

Yes, we have a 12 month lease. I am not sure if I believe her reasoning for breaking the lease. It all seems questionable. We were great tenants, quiet, took great care of the place, and paid before the 1st of the month. It was not my intentions to move this soon. We were planning on staying for at least 2 years. We went through a realtor thinking that we would be able to find someone that wouldn't screw us, but end up getting screwed anyway. I read her notice and it says that she is giving us a 60 notice and we need to vacate the property by Dec 1, 2009. She said that she filed bankruptcy in Sept. At this point, I can not trust anything that she says and do not want to get a notice on my door to vacate the premises within 24 hrs. Fortunately, I was able to find a place and so I'm leaving. I don't think it's fair to have to risk finding a place by Dec 1 in the middle of winter during holiday season. For some reason, she feels like she is entitled to her 60 day rent. Thoughts?

Hello s:

She broke the lease. Therefore, in my view, you're not obligated to pay Nov rent. Yes, I think you can sue her and win your moving expenses too...

However, you've got TWO problems... Well, one really. She's BROKE. That probably means that you're going to pay November's rent anyway because I'll bet she does NOT have your deposit.. And, even if you might win your moving expenses, you'll never collect. Remember, she's BROKE.

Certainly let her know that you're moving, clean the place nicely, and arrange a walk through with her.

excon

Thanks excon. I was thinking the same thing. I may not be an attorney, but I'm not an idiot. Just wanted to get some feed back to make sure, in the midst of this mess, that I wasn't losing my mind. She's crazy. I've been more than fair. And if anyone should be irritated right now, it should be me.

You have a right to be irritated but Excon is right.

You could sue, you could win, but collect? Not likely, not if the landlord is filing for bankruptcy.

You can't get blood from a stone, so why try? You'll just end up wasting your time and money.

Sadly this is the way life is. Justice isn't always served.

No You do not have to pay you can stay there until the bank kicks you out and that takes 1 year I have seen it happen to many times