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    fefe537's Avatar
    fefe537 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 14, 2009, 04:59 PM
    Rental rights
    I moved into a apt in dec 08 5 days later a sheriff came with papers about the property being in foreclouser I paid the landlord 1st and last, he said he knew nothing about the situation I made him a copy of the doucements, all the tenants are new and moved in 1 month before I did I called the attorney for the bank and they keep saying it will take 3-6 months, the landlord has not answered the summons and want the tenants to pay rent to him is there any way we can put our rent into an escrow account with the clerks office if so how do we go about doing that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 14, 2009, 05:04 PM
    Quote Originally Posted by fefe537 View Post
    all the tenants are new and moved in 1 month b4 i did
    I gather from this, that this is a commercial apartment building. If that's the case, then you should have no worries. Unlike a single family residence, if a commercial apartment building is foreclosed on, the buyer has to honor existing leases.

    If you withhold rent, even in an escrow account, you could further the foreclosure and you have no grounds to do so. This could open you up to a suit by the landlord.

    I would however, make sure you have a record of all your rent payments. Pay by check or money order and clearly mark them as rental payment for x month.

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