We paid rent for all of the month, but halfway through, our landlord told us we would have 5 days to move out, because the house had been foreclosed, and the new owners want us out. The letter said we had no legal right to stay in the house, and that after 5 days, the sheriff would come in and take our belongings. He says he will refund the security deposit after we move out if there are no damages to the apt. Are we free from our lease obligations because he has broken the lease? Should we believe that he is really going to fix the damages on a house he does not own? Are we owed rent back from this month? I don't know what to do. I live in Louisiana if that helps. I mainly want to know if the house being foreclosed nullifies my lease, since it is not being transferred. Thanks!!!!!!!!!!
2007-08-17 18:50:10 · 6 answers · asked by daisyfacethemusic 1 in Business & Finance ➔ Renting & Real Estate
Did you have a lease for a year? If the landlord breaks the lease, you have recourse against him. If you are renting month to month, your landlord only needs to give 30 days notice to vacate. Of course check your local laws to be sure. Sounds like he at least owes you rent for the time you aren't allowed to live there. I think he owes you moving expenses. Get everything in writing. Have him there when you move and tell him you want your deposit there and then and any rent he charged you and you are unable to live there. Don't be nice and don't take his crap. He'll give you your deposit. Don't count on it. Stand up to him. You also have to pay to have your phone and utilities moved. He should foot all of that. Take him to small claims court. You may never get the cash but you will get the satisfaction. If he's losing the house, he has no $. No he will not fix up a foreclosure and should not have collected rent and allowed you to move in-KNOWING that the foreclosure was coming. What a creep. . .
2007-08-17 18:58:59 · answer #1 · answered by towanda 7 · 0⤊ 1⤋
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2016-07-19 01:33:20 · answer #2 · answered by Priscila 3 · 0⤊ 0⤋
This link may have some good information for you. Worst case I would call a title attorney they specialize in real estate law. Read the lease it should speak to this issue and to the obligations. Talk to the sheriff's department what ever is, IS so find out what's real. I can't seem to get the whole answer online so maybe the local law enforcement will have a better handle on this. Good Luck!
2007-08-17 18:59:47 · answer #3 · answered by helprhome 5 · 0⤊ 1⤋
Nope, you don't have to move out....he needs to give you a 30 day notice to quit
a paper that states your landlord wants you out and why....
he has to go to court to get the paper, and can't just write it on a piece of paper....next...it says you have a chance in court to tell the judge your story and get your full moneys' worth....keep receipts, you;ll need to show the judge the lease and receipts for all your payments...and if you have children or elderly, you need 6 months to move....its the law.
2007-08-17 18:57:18 · answer #4 · answered by Oldmansea 6 · 0⤊ 1⤋
No. A security deposit can't be uesed as your last months rent. Even if you do get it all back she has 30 days after you leave to return it to you so you won't have it for the new place anyway.If you took care there won't be any damages. As for upgrades you better have had her permission to make them
2016-05-22 00:52:10 · answer #5 · answered by ? 3 · 0⤊ 0⤋
damages?
if the home is under foreclosure as he states
it is an "as is" sale, what ever damages there might be does not really affect the sale ( at foreclosure )
so you are due 100% of your security deposit
it sounds like he might have found new renters who will pay higher rent and he is trying to run you out
verify with the sheriffs is they indeed do have a order to move to "escort" you out
2007-08-17 19:14:10 · answer #6 · answered by Anonymous · 0⤊ 1⤋