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  1. #1
    Join Date
    Nov 2006
    Posts
    2

    Default Rental Property In Foreclosure

    my wife and went to a one year lease on a house,not knowing that the owner was past due one the mortgage.we found out after it hit the new paper for public sale.the owner had not sent any money we had paid to her to the bank.then she got it set-up for a repayment plan which we then sent the payments to the bank for more than our lease payment.during this time we find out that she had a second mortgage which was also past due and we went and paid three months on it to catch it up.this is all in the first six months of our lease.since that time she as made no more payment on the second mortgage and it is now six months behide.we gave her verbal notice that we would be moving cause we no longer had her address to mail her anything.this is just a small bit of the story,we had to fix the central heat and air,water leaks and broken windows when we moved in because she said would but that never happened.
    my question is i moved out with 5 months still my lease and wondered if she had a case to sue me for the remaining 5 months if so ok but i would like to fight for it.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: Rental Property In Foreclosure

    Landlord-tenant laws differ by state. Typically, the possibility of foreclosure would not stand as a basis to terminate your lease, but if the house is foreclosed the foreclosure would end your lease. Still, I think a court would be sympathetic to a sort of "anticipatory breach of contract" argument - with the landlord's actions as evidence that she did not intend to live up to her side of the agreement - and you would have a potential additional counter-claim in relation to the problems with the home and any repair costs you incurred that were not reimbursed or otherwise deducted from your rent.

  3. #3
    Join Date
    Nov 2006
    Posts
    2

    Default Re: Rental Property In Foreclosure

    thank you mr knowitall for your in put.
    she is never did anything she said she was going to do.
    she is also one year fixing to be two years past due on property taxes.

    and by the way this a georgia case

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