Landlord got foreclosed, tenant being evicted by the bank.

[JoshDom1898]

What is the name of your state (only U.S. law)? CA

If a lease provides for an obligation on the owner to fix and repair certain deficiencies (broken air conditioner etc) and that owner is foreclosed upon. Which means the bank is now the owner.

Can the tenant make demand on the bank, as the new owner of the lease, to repair the property?

 

[Zigner]

What is the name of your state (only U.S. law)? CA

If a lease provides for an obligation on the owner to fix and repair certain deficiencies (broken air conditioner etc) and that owner is foreclosed upon. Which means the bank is now the owner.

Can the tenant make demand on the bank, as the new owner of the lease, to repair the property?

You likely have no lease...

 

[DeenaCA]

Are you being evicted? If so, what is the cause of the eviction?

 

[JoshDom1898]

I do have a lease. signed in Aug, 2009 and it is up in July, 2009. Got a notice from the bank that I have 90 days to vacate if I don't want to honor the lease terms (i.e. pay rent). They offered me cash for keys if I vacate before the 90 days.

I'm wondering, if I can use the demand to repair the property per the lease as leverage to negotiate for 90 days and I get some $ out of it. After all, Fed law requires them to give me 90 days, so they really don't get hurt, they just save in the costs of the lawsuit and headache.

 

[Zigner]

I do have a lease. signed in Aug, 2009 and it is up in July, 2009. Got a notice from the bank that I have 90 days to vacate if I don't want to honor the lease terms (i.e. pay rent). They offered me cash for keys if I vacate before the 90 days.

I'm wondering, if I can use the demand to repair the property per the lease as leverage to negotiate for 90 days and I get some $ out of it. After all, Fed law requires them to give me 90 days, so they really don't get hurt, they just save in the costs of the lawsuit and headache.

To be clear: You do not have a lease with the bank. The lease is gone...poof.
You need to continue paying rent until your 90 days are up. If you don't, you can be evicted. The bank has sweetened the pot by offering to pay you money if you leave before 90 days.

 

[xylene]

To be clear: You do not have a lease with the bank. The lease is gone...poof.

The bank is still the landlord and is bound to honor the warranty of habitability and laws related to the property.

Needed repairs must be carried out to that standard or the tenant does have an action, despite the law voiding his lease term

Do the HVAC issues and other repairs rise to that level.\? I don't know in the posters case, but the reality is it might.

Non-funtional AC in a dwelling unit equipped with AC would be an actionable breech of the warranty of habitability in some places. Is that so in the poster's area? Time to check that out poster.

 

[Zigner]

The bank is still the landlord and is bound to honor the warranty of habitability and laws related to the property.

Needed repairs must be carried out to that standard or the tenant does have an action, despite the law voiding his lease term

Do the HVAC issues and other repairs rise to that level.\? I don't know in the posters case, but the reality is it might.

Non-funtional AC in a dwelling unit equipped with AC would be an actionable breech of the warranty of habitability in some places. Is that so in the poster's area? Time to check that out poster.

While that is all well and good, the fact of the matter is that if the LEASE provides for items to be fixed, then those obligations poofed along with the lease. I NEVER made any representations as to the matter of habitability, but I must say that recourse the tenant has is to repair and deduct, if appropriate. And, even at that, the law must be followed. By the time it gets to that, tenant will have less than 30 days remaining in the unit anyway. So, tenant will have the same net result.

 

[atomizer]

I do have a lease. signed in Aug, 2009 and it is up in July, 2009.
.

Better check the dates of your lease again.

 

[FarmerJ]

Josh my take on it agrees with Xylene , you may not have a written lease with the foreclosing lender BUT that wont excuse the lender from being obligated by your states laws to maintain structural ,mechanical components of the unit, If you choose to stay on thru the new 90 day time and pay the rent while calling inspections out and letting inspections order up repairs or seriously think about the cash for keys offer, is it enough to cover the deposit you paid to get into the unit and enough to cover moving expenses ? even if its above the deposit , going that route certainly is one way to handle it IF they put a cash amount for keys in writing, If they havent put it all in written form let them know as soon as they get it into writting including the dollar amount then you would have $ncent$ve to leave early.

 

[FlyingRon]

Let's go back to square one, and read between the lines.

You had signed a lease good until the end of July 2010 (not 2009 right?).

Have you been paying the rent?
Just because the A/C and/or the property is in foreclosure doesn't give you the right NOT to pay the rent.

Not paying the rent may not have meant much to the foreclosed landlord, but the bank will be less hospitable in that. It can screw your credit.

If you're a bona fide lessor, you get 90 days at least (that presumes you're paying the rent) and perhaps to the end of your lease term.
Of course, depending on when all this went down you're probably no more than a month difference in all these schemes either way.
I'd be looking for a new place.

Your best deal may still be to take the cash for keys.