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kjheals · Jul 8, 2008, 11:11 AM

My landlord has asked me to move out by the end of July. It is now July 8th. I have a written lease that lasts till the end of October. He states that he will foreclose on the condo and his lawyer told him to get the tenants out. Do we have any legal right to stay?

ScottGem · Jul 8, 2008, 11:20 AM

Yes, Your landord can't foreclose, only the lender can do that. He can ALLOW it to go in foreclosure but until the foreclosure is final you have a valid lease and he can't get you out. Once the foreclosure is finalized you will have to get out fairly quickly.

What I would do is suggest to the landlord that he has no right to terminate the lease, but if he wants you out he can buy you out (usually two months rental).

froggy7 · Jul 8, 2008, 01:31 PM

While Scott is right, it is possible that the landlord is in foreclosure proceedings. In which case you may be looking at having to move in days, with next to no chance of getting your deposit back. And, if he is in foreclosure and is trying to get you out, he probably doesn't have the money to buy you out. It's worth asking, but I'd also be open to some other possibilities. Maybe stay longer, so that you can have more time to look for a new spot?

Fr_Chuck · Jul 8, 2008, 01:32 PM

The landlord can not force you out. If the property is being foreclosed upon, after and only after the bank actually forecloses then the bank can evict you.

So no the landlord is incorrect now he may be giving you a warning that the property will sell at a certain date, but he can not make you get out.

In fact, if this is in Califronia he can not even collect rent from you while it is in foreclsoure status.

But yes, if he has a reason to want you out, he can pay you to move, beyond that, you can wait till it does foreclose and let the bank give you notice to move.