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    K_Plemmons's Avatar
    K_Plemmons Posts: 1, Reputation: 1
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    #1

    Apr 11, 2013, 02:46 PM
    Can I sue my apartment complex?
    Hello,
    I am having some trouble. I was living in an apartment complex that has been foreclosed. I moved in July 16 2012, I paid $1,100 to move in. (First &Last months rent plus security deposit.) My lease was not due for renewal until July 16 2013. The apartment was foreclosed on in Dec. 2012 We were forced to leave.

    I was paying $450.00 for rent plus my light bill which was separate. We were not given notice to leave until the day of. Is this legal? Can I sue them?
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #2

    Apr 11, 2013, 02:51 PM
    Sure you can sue them, but the question is, will you get anything? The apartment complex was foreclosed on. In other words, they couldn't pay the mortgage. If they had no money to do that, it's unlikely they have any money to give you if you sue and win. You'll be out the costs to sue, and likely will never see a dime even if you do win. You can't get blood from a stone.

    What State do you live in, as laws vary by state. Have you looked up the laws for tenants rights in your area?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 11, 2013, 04:02 PM
    You probably will not win such a suit. The reason is because you seem to have voluntarily moved. Since you didn't define how they "forced" you to leave. All you said was they gave you notice to leave immediately.

    Had you refused to leave and they used physical force to make you leave, or changed locks or shut off utilities, you would have a very viable suit and, possible, a criminal action. But if all they did was give you notice and you then left, that may leave you without grounds.

    I will say that it was illegal to give you notice. You had a lease and the foreclosure doesn't change that. But to help you we need more details.

    Who gave you notice? What state do you live in? What did the notice say? Were all other tenants "forced" to leave? Define what "force" was used.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #4

    Apr 11, 2013, 05:22 PM
    Who took ownership and why was your lease not honored?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Apr 12, 2013, 05:07 AM
    No, well you can but this issue is, you should have just refused to leave. They can not force you out, you have time frame, have to be given legal written notice, and more.

    So all of your rights happened before you moved
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Apr 12, 2013, 10:04 AM
    I agree - the time to seek advice was before you were forced to leave.

    How were you forced out?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Apr 13, 2013, 05:28 AM
    You did read this thread, right? Under Federal law, you could not be legally forced to leave until the lease is up.

    But as far as suing "the apartment complex", no. You might sue whoever owned the complex, but they may be judgment proof or, if a corporation, dissolved.
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