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momike77 · Jul 18, 2012, 08:00 AM

I have rented for 2 years. In March of 2012 my Landlord filed bankruptcy and included the home in which I live. My lease expired April 30 and I am still leaving in the home rent free with the blessing of my landlord who says "stay as long as you can". My landlord received notice that the home in which I still reside will be sold on the courthouse steps on August 8,2012. My question is without a lease or contract agreement what rights ,if any do I have as an occupant of this house and how quickly will Missouri law allow me to be evicted or locked out? Is there a certain process that must be followed even though I have no lease or the new owner will have no obligation or even knowledge that I occupy the home?

Thank you

smoothy · Jul 18, 2012, 08:38 AM

Originally Posted by momike77

I have rented for 2 years. In March of 2012 my Landlord filed bankruptcy and included the home in which I live. My lease expired April 30 and I am still leaving in the home rent free with the blessing of my landlord who says "stay as long as you can". My landlord received notice that the home in which i still reside will be sold on the courthouse steps on August 8,2012. My question is without a lease or contract agreement what rights ,if any do I have as an occupant of this house and how quickly will Missouri law allow me to be evicted or locked out? Is there a certain process that must be followed even though I have no lease or the new owner will have no obligation or even knowledge that I occupy the home?

Thank you

30 days after being properly notified... you are legally considered month to month in the absence of a current lease.

AK lawyer · Jul 18, 2012, 04:19 PM

Few of us are Missouri attorneys, so I'm curious what the title of this thread is all about.

It is unclear whether this is a foreclosure. If so, federal law gives you the right to a 90-day notice after the foreclosure sale. Read this thread.

ScottGem · Jul 18, 2012, 05:13 PM

As noted, Federal law overrides MO law and a foreclosure requires 90 days notice. Being "sold on the courthouse steps" implies a foreclosure.

Fr_Chuck · Jul 18, 2012, 05:17 PM

But for those 90 days after foreclosure you have to pay the rent to the new owner, if you don't, they can evict for non payment

AK lawyer · Jul 18, 2012, 05:41 PM

Originally Posted by ScottGem

... Being "sold on the courthouse steps" implies a foreclosure.

Could be an execution sale, or, since a bankruptcy is involved, the trustee might be selling the property, I suppose.

AK lawyer · Jul 18, 2012, 05:45 PM

Originally Posted by Fr_Chuck

But for those 90 days after foreclosure you have to pay the rent to the new owner, if you don't, they can evict for non payment

After 90 days they can. If you read the Protecting Tenants at Foreclosure Act, strangely, I don't think you will find any requirement of rent payment during the 90 days.