Can a landlord evict while home is in short sale process or foreclosure?
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 Pascal the Gambler - 20 hours 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 - 20 hours 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 - 20 hours 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.
by chatsplas - 20 hours 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 Genuine Guidance - 20 hours ago
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 Go with the flow - 20 hours 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 - 20 hours ago
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