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Va tenant left high and dry by landlord foreclosure

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JWIL283

Junior Member
What is the name of your state (only U.S. law)? VIRGINIA, FREDERICKSBURG
I been paying rent to my landlord for a year and a half now. When my lease ended we decided to go with a month to month. (the month to month was a verbal agreement a new lease was not signed) Nonetheless at some point people started coming over to see the home for purchase. I later found out a foreclosure was coming and he needed to do a short sell. Anyway people were coming over without calling and they even put a lock box out so other realtors could come in when I wasn't home. 1st of all can they do that? Not only do I have valuables, guns, jewelry etc, but what about my privacy rights? To think someone you don't know is in your house while you aren't home. I always thought legally I had to get 24 hours notice and I even read that I still have a right to refuse. The next thing is this foreclosure part. If I am paying rent and he clearly is not using it to pay the mortgage what are my rights. Someone told me I don't have to pay rent if he isn't putting it toward the mortgage? Should I be paying them my rent? I don't even know which lender. Last but not least when the foreclosure does hit will I be on the streets? How long will the mortgage company give me to get out if I am on a month to month. The sheriff not going to come and put my stuff on the streets are they? The foreclosere hits Jan 13 2009. Any help would be appreciated.
 


FarmerJ

Senior Member
You still are obligated to pay rent , you might not be happy about it but there remains the possibility that your LL may be able to get it sold before a actual foreclosure auction begins. IF it is sold before a foreclosure auction even as a month to month tenant you must be given a notice that meets your state statutes for month to month renters by a new owner to get you to leave. You should review your state atty general web page to see if any new laws have been created regarding renters of property that is foreclosed on. Also you can check at your county sherrifs dept regularly to learn when a sale is to happen.
 

Mrs. D

Member
It's probably best to be proactive in this situation. You can terminate your lease by notifying your LL on or before December 31 that you are leaving on January 31.

Virginia Code § 55-222 - Notice to terminate a tenancy; on whom served; when necessary - Virginia Virginia Code § 55-222 - Notice to terminate a tenancy; on whom served; when necessary - Virginia Code :: Justia

Based on this article: Foreclosure Crisis Catching Renters Off Guard, it looks like Virginia doesn't have any provisions for renters once the house goes into foreclosure. You might be forced out on Jan. 13 if an eviction notice is issued with the foreclosure. If there's any way you can swing it, I would notify the LL now you're leaving on Jan. 31, find a new place, and just pay double rent for January. You might have some recourse to get part of that rent back if your LL had no right to allow you to live there for part of the month (Jan. 13 - Jan. 31, I would think). Also based on the same article, it sounds like lots of people are having trouble getting their deposits back after foreclosures. I guess be prepared for the possibility you would have to sue for it.

I wouldn't withhold rent just to avoid being on the receiving end of a lawsuit. Better to pay it and be the plaintiff.

This situation does suck, and it would be really nice if there were some protection for tenants everywhere, given the extent of this crisis. I certainly hope the bill that the House passed, mentioned in the Washington Post article, makes it through so that tenants at least have a reasonable amount of time to move.
 

Who's Liable?

Senior Member
What is the name of your state (only U.S. law)? VIRGINIA, FREDERICKSBURG
I been paying rent to my landlord for a year and a half now. When my lease ended we decided to go with a month to month. (the month to month was a verbal agreement a new lease was not signed)
Your lease is a month to month tenant at will. Either one of you can terminate the lease with the appropriate amount of notice PROPERLY given. In some states its 30-days, others its 60-days. It would be prudent for you to look at how many days is required for your state.

Nonetheless at some point people started coming over to see the home for purchase. I later found out a foreclosure was coming and he needed to do a short sell. Anyway people were coming over without calling and they even put a lock box out so other realtors could come in when I wasn't home. 1st of all can they do that? Not only do I have valuables, guns, jewelry etc, but what about my privacy rights? To think someone you don't know is in your house while you aren't home. I always thought legally I had to get 24 hours notice and I even read that I still have a right to refuse.
You are correct, you need a MINIMUM of 24 hours notice to enter the premises. You cannot deny entry once it has been properly given. You can speak with the owner or the realty agents and inform them you will be calling the police and reporting a breaking and entering the next time they enter without proper notice. They can explain to the police what happened.

The next thing is this foreclosure part. If I am paying rent and he clearly is not using it to pay the mortgage what are my rights. Someone told me I don't have to pay rent if he isn't putting it toward the mortgage?
Whoever told you that needs to keep their day job. There is no such clause.

Should I be paying them my rent? I don't even know which lender.
YES... you MUST continue paying rent or face an eviction for non-payment of rent. You continue paying rent to the approved person(s) or management company listed in your lease.


Last but not least when the foreclosure does hit will I be on the streets? How long will the mortgage company give me to get out if I am on a month to month. The sheriff not going to come and put my stuff on the streets are they? The foreclosere hits Jan 13 2009. Any help would be appreciated.
Sometimes the bank give tenants 2-weeks notice, others less... It all depends on how your bank handles it. Either way, it would be prudent for you to give notice to vacate and to be prepared to move out on 1/13.
 

Cvillecpm

Senior Member
You need to chill.....Virginia actually has TWO, TWO, TWO landlord-tenant codes....I love it when "know nothings" can find the one that suits them. It is doubtful your landlord * with 1 rental unit * falls under the VRLTA

There is no NOTICE requirement except what is in your lease under the Virginia Landlord Tenant Law. Also, yes, they can put a Realtor lockbox on the property and YES, you should have renter's insurance for your belongings.

Either give your 30 day written notice and MOVE or contact landlord/Realtor and have them advise you when entry will be made * either via e-mail or cel phone call. A record of who is entering is being kept within the electronic lockbox so the listing Realtor has a record of entry should something happen.

Read your original lease and communicate with Realtor/landlord
 

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