Landlord Question and Answer Forum

a tennant who needs landlord advice

I moved in in november, paid deposit and rent up front and every month on time. I just got letters in the mail from attorneys at law saying that ... now owns the property due to a foreclosure that happened in july of 09, 4 months before we moved in. My children and i now have until may 24 to vacate the house. the landlord has stored the old tennants stuff in basement and garage, which the bank says i need to remove everything. To top it all off the landlord called me today swearing i am a liar and until the bank evicts me I am to stay here and pay him rent. I will not be evicted, i will go when they ask, but do i still have to pay him the rent if the bank has seized or purchased the house? and how do i get my deposit back as it is i have to rent a dumptster to clean out things that aren't ours. Any advice? Please help, I am completley beside myself.

This is a complicated situation but basically in a typical foreclosure, you can stay in the property for 6 months after the sheriff's sale. This time is called the redemption period. If you have received a notice from an attorney, you may want to at least call them. I personally would put the rent in escrow. If the landlord tries to evict you - you will have your time in court and at that time if you show the court that you have been paying the LL rent and the property was in foreclosure, let the judge decide what you should do.

Posted by Denise S, PA on Saturday, March 06, 2010

On May 20, 2009, President Obama signed the "Protecting Tenants at Foreclosure Act of 2009." This legislation provided that leases would survive a foreclosure...... meaning the tenant could stay at least until the end of the lease, provided the lease was signed before the Foreclosure date. Also, month-to-month tenants would be entitled to 90 days' notice before having to move out. An exception....buyer who intends to live on the property may terminate a lease with 90 days' notice. Importantly....the law provides that any state legislation that is more generous to tenants will not be preempted by the federal law. These protections apply to Section 8 tenants, too.

Posted by Stan M, CA on Saturday, March 06, 2010

Thank you all very much for your responses. I went to see the lawyers handling the property, and they were very nice, although they already sent us the 90 day notice to vacate, they still gave us a relocation offer of 2500.00 if we can be out and have all of the house, basement and garage cleaned out. they gave me the forclosure papers, appearantly the office was out of ohio which is why i had trouble locating proof of the foreclosure. In any event as of the 23rd of febuary Freddie Mac owns this property and the lawyers said they do not want our rent money, they just want us to clean it up and move out. This does include me breaking into the garage and throwing away the old landlords garbage he stored from the last tennant, they said its not a problum since they now own the house and all inside, but i am still weary of thowing away items that do not belong to me. And the LL still insits that I need to pay him rent even though I have showed him all of the paperwork. Any thoughts ?

Posted by Sandra D, MN on Monday, March 08, 2010

I would feel uncomfortable throwing the stuff that was not mine as well. I would go back too those lawyers, and let them know that you will accept the offer, if you want to BUT that you will take no responsiblity for disposing the property located in that garage and want something in writing of that.

Posted by Denise S, PA on Monday, March 08, 2010