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  1. #1

    Post Landlord Breaking Lease

    My question involves landlord-tenant law in the State of: Nevada

    My son and daughter-in-law signed a one-year lease on a house they are renting through a real estate/rental agency. They were recently notified that the house was soon to be going in foreclosure and they would need to move. The agency will transfer deposits etc. to a new house that if they may rent through them. The supply is limited because my son and daughter-in-law have two cats. The agency is not willing to move them. Hence the couple have moving expenses and all the expenses r/t moving. They may not find another house with this agency suited to them. What are their rights?

  2. #2
    panther10758 Guest

    Default Re: Landlord Breaking Lease

    Take best deal they can get. This is not an uncommon problem nowadays. Sadly once the home is foreclosed the current owner will no longer own it the bank (most likely) will. Banks dont like being Landlords. Contact a Tenant/Landlord Attorney in your area and arm yourself with your rights

  3. #3
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,405

    Default Re: Landlord Breaking Lease

    They can check the status of the foreclosure by clicking on this link;

    http://www.rentalforeclosure.com/

    Once the house is sold back to the bank, the lease they have is null and void.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,075

    Default Re: Landlord Breaking Lease

    The foreclosure ends the tenancy.

    It isn't entirely clear from your post what the relationship is between the agency and the owner, but you make it sound like they're the landlord's agent - the lease is with the landlord (the owner of the property), not the agency, but rent payments are made to the agency and the agency maintains the property. Is that correct?

    If so, part of what happens depends upon the outcome of the foreclosure sale. The tenant does not need to pay any more rent to the (former) landlord after the foreclosure sale and they are entitled to the return of their security deposit. If the lender purchases the property, as is often the case, they often offer the tenant "cash for keys" to move out by a specified date if the premises are left in good condition.

    If they can work out a deal with the agency to move into another suitable home, all the more power to them. If not, they can try to find a new place by themselves (or with a different agent), and weigh their options as to what they might do following the foreclosure sale. Again, I'm assuming that the agency is simply an agent of the owner/landlord.

  5. #5
    Join Date
    Apr 2008
    Location
    Las Vegas, NV
    Posts
    66

    Default Re: Landlord Breaking Lease

    I know that this is a very stressfull and scary time for them. I live in Las Vegas. I was renting a home in Southern Highlands that went into foreclosure. I was one of the fortunate ones in that I found out back in December that the foreclosure was going through. On the advice of an attorney, I saved up the rent and did not pay it to the owner. I was able to purchase a house. More then likely, there will be a "cash for keys" offer made after the sale of the home. They cannot throw you out until after the home has been sold at auction. After that, they will give you 30 days to move and will will probably offer you cash for keys. We were given $1500. Good luck.

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