Landlord Leased Home Knowing He Was In Foreclosure

[hr2le]

What is the name of your state (only U.S. law)? ohio
Landlord leased home to me after he was officially notified of his foreclosure by the court system which is all verified by court, certified mail etc. I stopped paying rent after sheriff arrived with appraisers. He was not there to notify me, only to escort appraisers. I understand that I must pay rent if landlord came into foreclosure after signing of the lease but him knowingly leasing with full knowledge of foreclosure appears very fraudulent. I have a perfect payment record with him and no other issues.He has started eviction against me. It seems he is going down with the ship and trying to take everyone with him.Any advise would be appreciated. I have several weeks before the eviction hearing, ThanksWhat is the name of your state (only U.S. law)?

 

[ecmst12]

As long as he's still the legal owner, you still have to pay rent. Of COURSE he can evict you for non-payment.

 

[Wyldrush]

this is a very common problem in todays economy. However he has not broken any laws. Just show up to court and plea your case and see how the judge feels. I recommend moving out ASAP...

 

[DeenaCA]

The owner can collect the rent as long as he owns the property. You do not have a perfect payment record since you have stopped paying rent. A pending foreclosure action doesn't entitle tenants to live in the property rent-free.

Federal law protects tenants in good standing from immediate eviction in case of foreclosure (see NLIHC: Renters in Foreclosure Toolkit). However, you can be evicted for nonpayment under state law, and the federal protections do not apply.

 

[Who's Liable?]

OP may have a case against said LL for fraudulently entering into a contract, if they can prove to a judge the LL KNEW the house would be lost to foreclosure but rented anyway.

They would only be awarded for the hassle of finding a new place, moving costs, etc., and not the actual rent.

 

[FlyingRon]

OP may have a case against said LL for fraudulently entering into a contract, if they can prove to a judge the LL KNEW the house would be lost to foreclosure but rented anyway.

And what fraud is that?

They would only be awarded for the hassle of finding a new place, moving costs, etc., and not the actual rent.

Wouldn't be awarded anything.

 

[hr2le]

I have no issues paying the rent. I have issues paying the rent and Feb 1st when it is sold at sheriff sale, he walks with 2 months deposit and last month rent. I have offered to pay Dec and Jan rent through some escrow arrangement and apply deposit to Oct and last months rent to Dec. He never looses a dime this way and I have paid him in full. He wont be involved when it comes time to settle any so called damages concerning security deposit. This all seems so logical but it seems to be more than just about the money. It seems to be about the money and more money. To just make it clear again. The home was in a documented foreclosure. All of the court records prove it with no problem and with no doubt. It can not be denied. He then leased property. I assume the lease was invalid from the moment of signing. Fraudulent and also the quite enjoyment clause. Anyway he wont budge . I wanted to get as many opinions as possible but I think its time to find an Attorney, Thanks

 

[FlyingRon]

You have a claim for the deposit. You have no claim about having to pay the rent even when the property is in foreclosure. You keep yelling FRAUD but you have yet to show one claim where there was any fraud. You're not getting anywhere on the quiet enjoyment clause either. Every piece of angst here is of your own making.

Ohio security deposits should already be escrowed. That all should be handed in the foreclosure.

 

[hr2le]

A landlord could be in foreclosure with the sheriffs sale tomorrow and sign a one years lease today and take the tenants first month and last months rent plus security deposit . 24 hours later the bank owns it . Is there any wrong doing concerning the LL.

 

[DeenaCA]

Well, there's this: Foreclosure and Renting to a New Tenant: Tenant Remedies - Free Legal Information - Nolo. Since the Protecting Tenants at Foreclosure Act went into effect, renters suffer limited damages as the result of foreclosure. As noted earlier though, you can be evicted for nonpayment under applicable state law.

If the rent were paid and the property changed hands due to foreclosure, you'd be protected through the end of the lease term unless the new owner planned to occupy the property. If the lease is month-to-month, you'd be entitled to 90 days advance notice to move. If you're not required to move, you haven't incurred any monetary damages. At least that's the way I read the article.

Check out the Renters in Foreclosure Toolkit linked in post #4.