[lealea02]

We are renting a home that our landlord let go to foreclosure. We stopped paying the rent once the house went to foreclosure and the house is going to auction the end of the month. The bank has a copy of our original lease, but we don't have a copy of the extension we signed prior to the house going to foreclosure because the landlord never sent us a copy. If the house sells at auction what is the realistic time we could stay in the house? The house we are building will not be done for 4 months. The bank knows that we are in the house. How should we handle it if somebody comes to the door wanting in? Help!

[lealea02]

We live in Virginia...

[Fr_Chuck]

First while they most likely will not do anything, you can not legally stop paying, the landlord can actually sue you for that money. You owe the old owner rent money till the day the house changes hands at foreclosure.

So your comment that you stopped paying as soon as it went into foreclosure shows a violation of your lease with the old landlord, and while this will not effect the situation with the new owner or the bank ( depends on what happens) Depending on the type of loan that is being foreclosed you will have up to 3 to 6 months.

[lealea02]

We are kind of freaking about about this entire situation... since we have kids. Out of curiosity are you an attorney or how do you know so much about this topic? 3-6 months is still quite some time to figure all this out. Thanks for the advice. :)

[AK lawyer]

... How should we handle it if somebody comes to the door wanting in? Help!

Tell them that they are required by your state's landlord-tenant act to give you reasonable advance notice if they want to inspect the premises.

But, more generally, it appears that you may not have read this sticky. If you had, you would probably know that whoever buys the place at the foreclosure sale cannot evict you without first giving you a 90-day notice, at the minimum. And although you are in violation of your lease for, as Fr_Chuck has already told you, failing to pay rent to the current owner, it is likely that only the current landlord, not the bank or the new owner, has standing to declare a violation. If, therefore, your lease is still valid, you are entitled to say for the remaining term of the lease (assuming the new owner doesn't want to move in but would rather rent it to someone else.).

If you continue to fail to pay the rent you rightly owe, after the foreclosure, you can be evicted earlier.

[lealea02]

AK Lawyer... I did not see your response till just now... Thank You for easing my mind a bit. :)