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    marshallsmom's Avatar
    marshallsmom Posts: 1, Reputation: 1
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    #1

    Oct 5, 2010, 11:49 AM
    Does a tenant have to be rent to a landlord if the property is being foreclosed on
    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #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.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #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)
    Advice123's Avatar
    Advice123 Posts: 3, Reputation: 2
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    #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.
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