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-   -   Renters rights (https://www.askmehelpdesk.com/showthread.php?t=193555)

  • Mar 11, 2008, 02:00 PM
    justinfuller
    Renters rights
    I am renting a house that is going into foreclosure what are my rights as a tenant?
  • Mar 11, 2008, 02:10 PM
    LifePaparazzi
    You have the right to a 30 day notice to vacate. If your contract expired early, you have the right to ask for damages. Whether you will get them, is doubtful. Usually people that have a foreclosure going on will end up filing for bankruptcy.

    You may have some luck talking to the mortgage company about buying the house.
  • Mar 31, 2008, 08:41 PM
    jtalbot
    I'm in the same situation as well as many who are. I have a few reliable sources who told me not to do anything at the moment. When the house is foreclosed the lease is then voided. You also have 6 months from the date of foreclosure to move. I asked my landlord to show me proof he's going to redeem the house or draw up some legal paper work proving it. He can't and won't so I'm not obligated to pay him. He broke the lease not me. I put a lot of work into this house and built a $2000 shed because we were on option to buy, and a 2 year lease. The landlord knew 3 months in advance that this was going to happen and obviously didn't pay the mortgage with the rent money. I didn't find out through him, but with a letter taped to the house. Why should I feel bad for him, when I'm the one who has to move within 6 months and after putting $$$ in to the house because I signed an option to buy lease. The foreclosure happened after me only being here 6 months.
    So don't let anyone tell you it's wrong to live there for free for 6 months. You're not the one who broke the lease, they are. By not paying the mortgage with your rent money.

    Hope this helps a little. My father is a landlord and he told me my rights, and that the lease is now voided so my landlord can neither evict me or make me pay. Although I'm setting the money aside, so that if he does redeem the house I will then pay him for the previous months.
  • Mar 31, 2008, 08:46 PM
    Fr_Chuck
    Well I will say everyone can have their opinion, a house is not "in forclosure" until the bank starts the legal proceedings, this can vary by state, in some they merely file a paper with the court and take ownership, no auction or sale.

    The renter has no legal right and the owner no obligation to tell or inform the renter of the payment status of the property. If the renter fails to pay the payments, the owner can evict them, the status of being behind in the payments is no protection.

    Next 6 months? Sorry once the bank or new owner takes over depending on state you can receive as little as a 5 day notice in some states. Normally you can appear in court at the notice and get 30 days, even 60 sometimes, but the lease is not void until the actual foreclosure takes place.
    This is common place now aday and we get many here that have been forced out under 30 days by the courts.

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