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

    Jul 17, 2008, 07:55 PM
    Renters rights on foreclosures
    I moved in feb 1st 2008 no rent agreement owner said we be good for about four years the place was trashed we fix it up a little in may14th the owner comes and said the hose is going back on the market she said we had move out as soon the end of May she stop pay the trash bill on June12th she had the water turned off on fathers day week end she came and changed the locks on the house since she did this with out given me no righten notice for any of the thing did I have not paid my rent for June or July she has not given me a righten notice to move or a eviction notice she said we have to get out by the end of July
    But I can't afford to move out rightknow what to do
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 18, 2008, 05:49 AM
    On a month to month rental they have to give you 30 day notice to move, they may not turn off the water, ( unless you were to put it into your name as per agreement) and they can not lock you out.

    If the home forecloses the new owner can give you notice to move out much faster.

    If you refuse to move when told, they may take you to housing court.

    You may sue a landlord for turning the water off and for locking you out.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jul 18, 2008, 05:55 AM
    Where does a foreclosure come into play here? You make no mention of it.

    That you have no written rental agreement means you are a periodic or month to month tenant. That means the landlord can terminate your tenancy with one month's written notice (or less in some states).

    However, the landlord is NOT allowed to shut off utilities or change locks on you. That constitutes an illegal eviction and you can sue the landlord over it.

    Whether you can afford to move or not is not an issue. The landlord has the right to terminate the tenancy, but must follow the law in doing so. You may be able to get your moving costs by suing him.
    Vlad13's Avatar
    Vlad13 Posts: 1, Reputation: 1
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    #4

    Jul 18, 2008, 09:44 PM
    Quote Originally Posted by daveleo
    i moved in feb 1st 2008 no rent agreement owner said we be good for about four years the place was trashed we fix it up a little in may14th the owner comes and said the hose is going back on the market she said we had move out as soon the end of May she stop pay the trash bill on June12th she had the water turned off on fathers day week end she came and changed the locks on the house since she did this with out given me no righten notice for any of the thing did i have not payed my rent for june or july she has not given me a righten notice to move or a eviction notice she said we have to get out by the end of july
    but i can't afford to move out rightknow what to do
    Make a report! That's the best advice I can give because it will embarrass her as well as make her act in accordance with the law. You have rights as a tenant, so get on the phone, start calling around and asking who you need to speak to to get you to the right department... whether it be with the local police or some different governmental branch. The best thing about a report, is that its "On Record" if you need to prove anything in the future.

    Other than that... try to get her to admit certain things over the phone. We have cell phones that are capable of recording the other person talking. They're LG phones... I think many cells out now have that capability. If not, pressure her into writing out receipts, and document everything that has happened from the start (backtrack) then keep a daily journal of events. This will be helpful should you ever have to go to court for it. Any agreements from this day forward get in writing, with her signature.

    You can't just up and leave with a family, but if you can, try. The sooner you are free of her drama, the happier you'll be. Also, you can not be evicted without notice, and you have 45 days from written notice to vacate the premises. If you gave a deposit, make sure that you are getting it back... for example, if you know you can move next month... maybe you're just late on rent and she can "take it out of your deposit". You guys don't have a lease, so it's the only way to make sure you'll have your money back.

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