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    vinceybabs's Avatar
    vinceybabs Posts: 2, Reputation: 1
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    #1

    Jan 17, 2008, 05:01 PM
    Tenants Rights
    My Landlord already has his house foreclosed and it is now in the possession of the bank. It was 2 months since the last time I have talked with him. I still have the rent with me.. and recently he called me up saying that we have to vacate the house immediately. In respect to the agreement I would be willing to pay him the rent for November and December but since I have a security deposit with him it will cover 1 month's rent. My question is, would there be such a thing by law that my landlord would be held liable for all the troulbe that he has caused me form moving from one place to another? Thanks for the help
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Jan 17, 2008, 05:57 PM
    Technically your landlord broke the lease agreement and you should be entitled to sue him for your damages. But if your landlord didn't have enough money to make the mortgage payments then it is highly unlikely that you'd be able to collect anything from him, even if a court did award you a judgment.

    As for the rent--when did the foreclosure take place? Once the foreclosure was final the landlord no longer owned the house. At that point he was no longer your landlord and you did not owe him any rent.
    denisem's Avatar
    denisem Posts: 1, Reputation: 1
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    #3

    Jan 17, 2008, 09:02 PM
    How do I evict a roommate if her name is on the lease?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 17, 2008, 10:04 PM
    Is the foreclosure just in process or was there an auction already and the home sold? A foreclosure can take months to complete,
    So if it is already foreclosed and the bank owns it ( as you said in the banks possession) then the bank is now your landlord not the old owner.
    If on the other hand, the foreclosure is just in process and the bank does not own it, yet, then the old landlord is still the owner and you do owe him for the months you have been living there.

    If you had a lease, you may be able to sue for some damanges, but sounds like you would be waiting in line for your money if he can't pay for a rental house and is being foreclosed.

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