Question

Can a landlord evict while home is in short sale process or foreclosure?

I am looking for someone that can answer whether or not a landlord can evict a tenant that is living in their home while the property is in foreclosure or short sale?
The landlord does have an obligation to inform the tenant that he is in foreclosure and he needs to give you a written notice that he is selling the house so prospective buyers can enter the house. None of this was done, so I am going with invasion of privacy, and illegal eviction a it is a retaliatory eviction. It came about because I parked my car in the driveway that fits six cars across. Guess my bmw made the old house look bad. Oh and the door handles were changed on my rooms so I now have no key to my room to keep it locked. Does tht change anyones mind here?!

4 years ago - 8 answers

Best Answer

Chosen by Asker

Why wouldn't a landlord be able to evict a tenant? If a tenant is a month to month tenant, they can be asked to at any time as long as they are given proper notice. If the tenant is on a lease, they can be asked to leave if they have violated the lease.

Legal eviction proceedings can be brought against either lease or month to month tenants at any time.

The only protections a tenant has in a foreclosure are AFTER the house sells - then they are protected by Obama's Act. www.hacla.org/attachments/wysiwyg/1...

Edit: If your state law says that the landlord must tell you about foreclosure and must give you written notice of the property being for sale, then that's the state law. You didn't tell us what state you are in, so I'm not sure how you expected us to tell you this information.
There is no retaliatory eviction here unless there is a lot more to the story than you are telling us. AGAIN, a month to month tenant can be asked to leave at ANY time without reason, as long as proper notice is given.
Do you understand what retaliatory eviction is? It's not being evicted because you parked your car somewhere. It's when you ask the landlord to fix something, or you complain to the housing board about something, and he evicts you based on that.
Are you a lodger? A lodger is different than a tenant and there are different rules that govern them.
I'm not really sure what kind of help we can offer you when we only get half of the story. What I >can< tell you is that if you go to the courts yelling about retaliatory eviction because you parked in the driveway and about how you are legally entitled to notice of intention to sell (and this isn't a law in your state), you are going to be laughed out of court and potentially owe the landlord money for his time and legal fees.

4 years ago

Other Answers

You have rights.
google
NOLO Tenant Rights Under Foreclosure.
NOLO is some kind of free legal advise site.

You can stay till the end of your lease period.
If month to month - up to 3 months.
Read that site carefully.
Then print it out.
Also, it will tell you whom to make out your rent check out to .
/

by Judy - 4 years ago

Absolutely not. You are protected by your lease agreement with the landlord. Unless there is a clause in the agreement that you have to move out in case of change of ownership, your state laws apply.

In fact, depending you your state, once the property is foreclosed upon, you might be able to stop paying rent and live until the end of our lease for free. Or, you can offer the new buyer to buy your lease out.

Your only risk is potentially having difficulty getting your deposit back.

by AJ - 4 years ago

Yes, neither effects an eviction one way or the other. The landlord still needs cause, you would have to break the lease, but with cause there is no problem with an eviction.

by Landlord - 4 years ago

The lease (and any legal actions pertaining thereto) are between the Landlord (e.g. Property Owner) and the Tenant. A potential short sale or foreclosure by a lender does not effect that legal agreement, therefore:

(1) The tenant (and landlord) must continue to abide by the terms of lease agreement, including the payment of rent.

(2) The rules of eviction are the same, as if there was no short sale/foreclosure pending.

by Property Manager - 4 years ago

Does the tenant have a lease?
Has the tenant paid the rent late?

Sure, the landlord can evict or give notice to vacate if you are on a month to month tenancy.

Being in short sale or foreclosure has nothing to do with it.

by My Take on It - 4 years ago

SURE! Why not?!
Tenant doesn't pay rent, breaks promises to pay, tenant can be held accountable. Can be evicted by sheriff and reported to collections.
Just because your LL has financial problems doesn't mean you get a free ride, or that you get to add to his financial woes.
Tenant occupies premises, Tenant promised to pay rent, and Tenant has a MORAL and LEGAL obligation to do so.
Your lease is valid and binding upon you and LL until the very end of foreclosure, when it is voided. Being offered for short sale or being IN foreclosure process is totally irrelevant.

Source(s)

by chatsplas - 4 years ago

Yes, since they still own the home. Let me guess, you found out the house was in foreclosure, so you were mad the LL wasn't using your money to make payments, so you didn't pay rent. Hence, you get evicted.

by the kid - 4 years ago