Results 1 to 3 of 3
  1. #1
    Join Date
    Feb 2008
    Posts
    1

    Question Landlord Claims Rental Is In Foreclosure, Demands I Move

    Hi,
    I signed a 2 year purchase lease and moved in to a home in Florida. About a week later the Landlord told me I had to move by the end of December because the house was in Foreclosure. He told me he couldn't accept any more rent or the deposit that was scheduled to be paid. I asked several times for something in writing but he informed me that we no longer had a contract and he didn't need to. He kept demanding that I move. Since he didn't give he anything in writing and refused to accept any money, I didn't move. Now, he is evicting me for not paying rent. He has been very careful not to but anything in writing in regards to the foreclosure or not accepting rent. Can he demand I move without any kind of written notice? Is our lease still in effect? I really feel like I've been slammed. How could a house go into foreclose less than 10 after the lease has been signed? Is this lease legal? Thanks for any info you
    can give me.

    Donna101

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Landlord Claims Rental Is In Foreclosure, Demands I Move

    Hi Donna,

    Something sounds a little fishy with your landlord.

    How much rent should you have paid by now? I hope you still have it. In many cases, if you show up to the eviction hearing with the back rent, the judge tosses the eviction out. This may very well happen once you tell him what you just told us, too.

    Firstly, no, your landlord cannot demand you move with no notice:

    HOW DO I END A LEASE? A lease for a specific length of time ends on the last date stated in the lease. No notice is usually necessary. Neither the landlord nor tenant can terminate it sooner unless the lease has an early termination provision or both parties agree. If you move out before the end of the term you may owe the landlord the rent for the REST OF THE LEASE! A month-to-month rental can be ended by either the landlord or tenant. Written notice must generally be given a certain period of time BEFORE the end of the rental period (the day the rent is due). In Florida notice must be given at least 15 days in advance of the end of the rental period. Absent an agreement to the contrary, Florida law will not permit termination of the lease other than at the end of a rental period.
    Unless your lease says that either party may terminate the agreement with X days notice, it's still in force.

    Secondly, when rental property goes into foreclosure, your lease remains in effect until the actual sale of the property. Once the sale is completed, the new owners will tell you to stop paying rent (because your lease is now void) and present you with a 30 day notice to leave - or if you're lucky, they'll ask you to sign a lease with them. (This doesn't happen much right now.)

    Your landlord cannot come to you and tell you to get out because the place is in foreclosure. The lease remains in place until the house is sold.

    Since he won't put anything in writing, I have to wonder if the house is really in foreclosure? Pop your ZIP code in here and look at the listings to see if the house really is in foreclosure.

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Landlord Claims Rental Is In Foreclosure, Demands I Move

    Quote Quoting LawResearcherMissy
    View Post
    Secondly, when rental property goes into foreclosure, your lease remains in effect until the actual sale of the property. Once the sale is completed, the new owners will tell you to stop paying rent (because your lease is now void) and present you with a 30 day notice to leave - or if you're lucky, they'll ask you to sign a lease with them. (This doesn't happen much right now.)
    Is this also the case in California? I'm considering moving from an apartment to a private rental of a condo or house - but a little afraid because of the foreclosure issue...

    1. Sponsored Links
       

Similar Threads

  1. Moving Out: End of Month-to-Month Rental, Landlord is Not Cooperating With Move-Out
    By BrandiVan in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-22-2010, 09:57 PM
  2. Foreclosure: Rental is in Foreclosure, Landlord's Ownership is Questionable
    By luvmyboys in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 07-29-2009, 11:10 AM
  3. Roommates: Landlord That Wants to Move into Rental with Us
    By working4ever in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-24-2008, 11:08 AM
  4. Rent and Utilities: Tenant Demands Rental Receipts
    By tenantweary in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 09-09-2008, 08:02 PM
  5. Rental Agreements: Landlord Is Attorney And In Foreclosure, Won't Let Us Move
    By sandiagin in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 06-08-2008, 10:39 AM
 
 
Sponsored Links

Legal Help, Information and Resources