Tenants rights on preforeclosure
I would like to know my rights as a tenant. My landlord has been avoiding in speaking to me. I am concerned because I signed two certified defaults notices on her 1st and 2nd mortgage. I spoke to the Public Records in the county in which the home I am renting is located. They told me that this property is also in default for taxes since last year. The amount is quite large. I recieved an e-mail from her today stating she will be entering this home on monday with her agent to take photos for the MLS. I am disappointed because she knows how my husband and I feel about people coming into the home to tour while we are renting. We even have a written document about this when we resigned an agreement to rent on a month to month since our year lease expired. I realize she has the option to put her home on the market, but if she would have told us in an advance we would have put a 30 day notice to vacate. We'd appreciate any advice as to what our rights are while we are paying rent. I honestly don't think she even has the $3k security deposit we put down. Should I even pay her rent? Do I still need to give her a 30 wirtten notice? Feeling frustrated. PLEASE reply soon, Thank you for your assistance.
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In many states there are very significant fines for failing to return a deposit, yet, if your landlord doesn't have the funds it may take you a long time to collect. Given that she now plans to show the property, the fact is that your rental is coming to an end and you should be proactive. I would likely contact her and try to renegotiate. Specifically I would ask that the $3000 deposit be put in trust with an attorney such that you can be assured that is available for return at the end. If she is unwilling to do this, then I think it would be reasonable to give 30 days notice and withhold rent (though this would likely put you in violation of your agreement).
Finally you should have the right to "quiet enjoyment" of the property. As such her ability to show the property is likely limited without your permission.
The landlord does have the right to show the property for sale if it states it in yor contract. Typically, they may give you a 24 hour written or oral notice if they've informed you of intentions to short sale. You should check you lease contract. Also, until the property is foreclosed upon, the landlord is still the legal owner of the property and therefore has the rights to rent. If you don't pay rent to the landlord, you are in breach of the contract and may be subject to collections, credit reporting and eviction. Good luck.
landlord tenant law
tenant law in preforeclosure
this iinfo helps me. My husband and I are seniors and we have reasons to believe our landlord is in collections for over $12thous. We have never paid a late fee since we have never missed paying rent. We have bank statements to prove this. We are seniors and disabled. She has constantly tried to pressure us into buying. Since the price asked is too much for us she has put three signs in the yard, brought people in at dinner time and paraded brokers in the house. She threatened to evict us because the basement shower had mold. We have housekeepers, etc. It was probably overlooked that day. Now she calls ranting and making obscene remarks almost every day. She gave us no lease last year so we are on month to month. The bank can not give us info and we have no peace. Do we have any course of action? I am getting leary of her. Her big complaint is she pulled weeds and gave us a huge bill which we will not pay. We have two companies we pay for lawn care. this is devastating. My husband is a DAV. Can anyone help us?
this iinfo helps me. My husband and I are seniors and we have reasons to believe our landlord is in collections for over $12thous. We have never paid a late fee since we have never missed paying rent. We have bank statements to prove this. We are seniors and disabled. She has constantly tried to pressure us into buying. Since the price asked is too much for us she has put three signs in the yard, brought people in at dinner time and paraded brokers in the house. She threatened to evict us because the basement shower had mold. We have housekeepers, etc. It was probably overlooked that day. Now she calls ranting and making obscene remarks almost every day. She gave us no lease last year so we are on month to month. The bank can not give us info and we have no peace. Do we have any course of action? I am getting leary of her. Her big complaint is she pulled weeds and gave us a huge bill which we will not pay. We have two companies we pay for lawn care. this is devastating. My husband is a DAV. Can anyone help us?
Hi Dee, There are several tenants right organizations. You can also find a comprehensive list of HUD approved counsellors that are FREE and if they cannot help you they could at least direct you to an organization in your area that can. Go to www.makinghomeaffordable.gov.
Thank you Michelle. As seniors we have called a number of places but so far no help. I will take your advice and try to make contact today. Thank you again.
Thank you Michelle. As seniors we have called a number of places but so far no help. I will take your advice and try to make contact today. Thank you again.
Hi Dee,
Never underestimate the power of your elected officials either. If you try calling the offices of your senators and congressmen(women) they should also be able to provide you with the contact info for an organization in your area that can help you. When I have had to use my local officials in the past I always found them very helpful.
I will do that because I am so exhausted looking for potential housing for us. I may be rushing for nothing. It will be nice to know what is going on. Thanks again.
tenant law
preforeclosure
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