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landlord rented a property to tenants that she had failed to pay taxes on and the property was foreclosed on by the bank. now the new owners of the property are pressuring the tenants to move out of the house within ten days. can the tenants file suit against the previous landlord for defaulting on the lease agreement and or other damages, moving expenses, attorney fees, money paid out to the previous landlord due to the fact that the previous landlord did not legally own the the property and did knowingly rent said property to residing tenants who are now being bombarded with threatening ten day eviction notices from the new owners of the property ?

2006-06-11 04:48:14 · 1 answers · asked by Anonymous in Business & Finance Renting & Real Estate

1 answers

Your question is a bit confusing. You mention that the former landlord didn't pay taxes, but that the bank foreclosed. They you say that the former landlord didn't legally own the property at all. Which is is??

Assuming that the former landlord legally owned the property and that it was either foreclosed upon by the bank or sold at a tax sale, any leases are still in full force and effect. The new owner is required by law to honor the lease.

Once the lease expires, the new owner CAN refuse to renew it and require the tenants to move. Normal notice is required, usually 30 days. If you don't move out by the 30th day, you CAN be evicted.

If your lease was already expired, or if you were a month-to-month tenant when the property was sold, the new owner can require you to move. They must give the unual notice, normally 30 days. If you don't move out by the 30th day, you CAN be evicted.

Any security deposit paid to the former owner is presumed to be held by the new owner even if the former owner did not hand those deposits over to the new owners. You are entitiled to a refund of your security deposit (with normal deductions for damage, if any) upon move-out. The only exception to this is if the former owner refunded the security deposit directly to you prior to the sale of the property. In that instance, the new owner can require you to pay that money to them as your security deposit with them.

In any of the above cases, you have NO claim with the former landlord.

Your state or local municipal government may have additional laws to protect tenants in this situation; check with a lawyer or tenants' rights group for further information.

If the "landlord" that rented the property to you was not legally entitled to rent the property out then you probably can be evicted by the new owner. If this is the case, you need an attorney. Quickly! You may have a claim against the purported landlord; again you need to seek legal advice.

2006-06-11 05:17:00 · answer #1 · answered by Bostonian In MO 7 · 1 0

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