i have stupidly handed over money to someone saying they are the landlord. They used to own the property but 6 months ago the house got took off my landlord. He applied for a court order and its just came through that he has to leave the property for 7.1.08.
Unfortunately, its not him living in the property, i have moved in and just found out and we dont have much money to move. Because the court order was for the landlord, can i apply for one or is this the final decission and i have no rights
2007-12-22 02:57:07 · 6 answers · asked by Hannah C 2 in Politics & Government ➔ Law & Ethics
You didn't say so but it doesn't sounds like you haven't been there long enough to have squatters rights. Instead, you'll need to take your landlord to court to get the "rent" money back.
2007-12-22 03:03:53 · answer #1 · answered by Elizabeth M 4 · 1⤊ 0⤋
You don't say where you live, so we can only give you very general information.
Generally, "squatters' rights" refers to the concept of adverse possession. Under that theory, you would need to have been openly living on the property for a period of years to claim any right to stay. That probably would not work for you.
However, in many cases, new owners (even banks that foreclose on the property), take over the property subject to any legitimate leases and rental agreements in place at the time. Of course, there is a question as to whether you have a valid lease with a prior owner that the new guy must acknowledge.
So, if you have a written rental agreement, take it to a lawyer ASAP for an explanation of your options.
If you don't have anything in writing, you probably need to start packing.
2007-12-22 05:31:07 · answer #2 · answered by raichasays 7 · 0⤊ 0⤋
There is no such thing as "squatters rights" in the USA. There is something call "adverse possession"..in which you may have a claim to the property if you've live there over 20 years and can prove you've paid all the property taxes for that time.
2007-12-23 04:33:23 · answer #3 · answered by LILL 7 · 0⤊ 1⤋
Who "took" the house from the "landlord"? It could be that it was for taxes or the bank now has foreclosed. In either case, you have no rights to claim the property.
2007-12-22 03:13:07 · answer #4 · answered by sensible_man 7 · 0⤊ 0⤋
Squatters rights, in most states, takes 7+ years. It is rare that someone will qualify under this law. Especially in the situation you are mentioning.
You might want to consult an attorney. You can file fraud charges against the person that took your money.
If you can't afford an attorney, contact your local legal aid office. They should at least give you some free advice.
2007-12-22 03:07:01 · answer #5 · answered by wcowell2000 6 · 1⤊ 0⤋
The new owner of the building has "landlord's possession" subject to all existing leases as of the time he takes possession.
2007-12-22 03:20:47 · answer #6 · answered by Mark 7 · 0⤊ 0⤋