We found out a week ago that our landlord wasn't paying mortgage on a house he leased us, and it's up for foreclosure, some huge company took it over, and are evicting us, giving us $500 to get out in 9 days and clean the house up for them. It's unfair and quite frankly insulting: they're basically kicking us out without a care for whether or not we find a new place, and paying us the $500 so that they don't have to go through the trouble of hiring a cleaner to clean up the house. They're also acting a bit suspicious: we can't find out the new owner's name, contacting him through a realtor he hired, and they are absolutely set on us getting out by a certain date, and we suspect they don't even own the house yet (it's in preforeclosure state now) - could they be trying to evict us before they even own the house? Do we have any rights if we're still in the house when they buy it? Are they trying to get rid of us so it's empty when they do buy it and don't have to work with us?
2007-02-02 03:40:41 · 13 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
They cannot force you to be out in 9 days no matter what the situation is.
If the house is in PRE foreclosure they do not own the house.
If the house is going into foreclosure your lease applies and only your LANDLORD has the authority to evict you based on whatever your lease says and on the laws of your state.
If the house has been foreclosed the new owner can evict you through your state's legal eviction laws. An eviction is a legal process, you go to court and the judge has final say. You should start looking for a place to move to because in the end that is most likely what is going to happen. Would you want to rent from someone who has already treated you badly? You should show up for court if they evict you. The judge may give you some time to move out. Good luck.
If you have paid your rent and they want you out in 9 days the $500 they have offered is nothing more than a return of your rent! You are gaining nothing by agreeing. If they cannot prove that they own your rental unit do not agree to anything with them. Keep your current landlord in the loop. They could be scamming both of you.
2007-02-02 04:12:46 · answer #1 · answered by ebosgramma 5 · 0⤊ 1⤋
You only have an obligation to pay the lease if the landlord or you can can't find an acceptably replacement for your lease obligations. The fine print maybe something different the what you think, if the lease doesn't specifically designate a space your are leasing the landlord could argue that you still have to pay, example: the wording on the lease does not specify an exact location, the center has 10 kiosk's spaces, the lease does not guarantee an an exact kiosk location just one of the 10, if they have one kiosk vacant, that is the one you are obligated to pay on, or so they will argue at least. You really need to go over the lease and apply some thought as to what they are really leasing you; an exact location or the right to sell your product at their mall.
2016-03-29 01:31:36 · answer #2 · answered by Norine 4 · 0⤊ 0⤋
Sounds suspicious. Once you have a lease, no one can take it away, even if the house is sold, it will be subject to your lease. Only if the house is fully foreclosed, i.e. sold at public auction, and the highest bidder gets a court ordered writ of possession against you from the judge, and posted on the property by the sheriff, can you be made to leave. As you are in "pre-foreclusure" thsi has not happened. What I am guessing has happened is that some real estate investors have purchased the house from your landlord and are trying to scam you out. You can only be evicted by court order.
You should either stop paying rent and wait for the court order to leave, or negotiate a better deal ($$$) with these carpet baggers
2007-02-02 03:58:14 · answer #3 · answered by attorney_johnson 3 · 0⤊ 0⤋
If you are in NY, they can't do that. The law is that they have to give you 30 days in a written notice.I don't think they can force you to move with out owning the house yet, That doesn't make sense, if it did, you could make your neighbors move.There is a law called renters rights, you may be able to find in at www.google.com. I would not move until I got a written notice for 30 days. I would take the 500 and just to the basic cleaning. If you can't find the renters rights, call your lawyer. This does sound fishy.
2007-02-02 03:53:27 · answer #4 · answered by ruth4526 7 · 0⤊ 0⤋
Gee sorry. You really don't have much recourse if any. Just being a tenant really doesn't mean anything to the mortgage company. Why would you care who owns the house if you aren't living there? Pehaps the new owner wants to flip the house or has bought it for a family member. Cut your losses and move on.
2007-02-02 03:58:18 · answer #5 · answered by biker_beeotch 2 · 0⤊ 0⤋
As new owners they must honor the lease or"buy" you out of the existing lease.
Sounds like that is what the $500.00 is for!!! Do not fall for it!
They probably owe you more than that for the lease term.
They cannot "evict" you in 9 days. continue to pay rent according
to your lease and keep all of your records!!!!
.
2007-02-02 07:05:07 · answer #6 · answered by charlotte q 2 · 0⤊ 0⤋
In terms of ownership, they have no rights. The lender can evict them. But then they can go after the landlord for moving expenses and violation of contract. It's best to work it out with the tenants.
2007-02-05 03:49:53 · answer #7 · answered by John Rosa 3 · 0⤊ 0⤋
Wow. I would definitely seek advice from a good lawyer, first of all.
It all depends on what state you are in and what the common law is in your area. You may be entitled to reasonable notice (i.e. 30 days even if it's not in the lease agreement) or you may be able to sue your landlord for damages.
2007-02-02 03:50:10 · answer #8 · answered by trer 3 · 0⤊ 0⤋
I think you are out of luck. I broke my lease with a landlord not long ago because I was afraid of a situation like this. I wish you the best.
2007-02-02 03:49:08 · answer #9 · answered by Anonymous · 0⤊ 0⤋
This does sound a little fishy. Go down to the county sheriffs office and ask them what the situation is. I believe they will have to give you thirty days notice to vacate the property. If you have children play that card as well.
Good luck
2007-02-02 03:50:40 · answer #10 · answered by frankie b 5 · 1⤊ 0⤋