Steven Ray Wedeking II's Answers

My house went to foreclosure auction sale on 10/24/2011. How long before they can legally evict me and my family?

The answer is it depends. Are you the former owner or a tenant? If you are the former owner, the new owner only need to give you a 3 day notice to quit. If you are a tenant, you may be able to stay 90 days or until the end of a fixed term lease if you meet certain requirements.

1 lawyer agreed with this answer

Although a landlord is generally not required to paint an apartment are there circumstances in which painting would be required?

You should probably be more concerned with possibility of mold and/or damp home than the actual painting. It could effect your health.

1 person marked this answer as helpful

We signed a 3 yr lease and found out a month later they were in default for a year. I want out of the lease, what are my options

You should take a look at the Protecting Tenants at Foreclosure Act. Basically it protects you. Assuming all the conditions are met, any buyer takes the property subject to your lease.

I did not accept Fannie Mae's offer for cash for keys or to continue renting the property. I am waiting for the 90 days to

Counsel above is right on the 90 days. But why not give them a copy of the lease? It shows what you claim right? If you do not, they may not believe you and serve a 3 day notice to quit and start an unlawful detainer. While you would likely prevail in such an unlawful detainer, you would have to file an answer to do so and maybe even make a court appearance for trial. Why not just give them a copy of the lease an avoid the hassle. That and they need to know how much you are supposed to...

Who is responsible for UD case not being masked?

From what you have written, the landlord's attorney filed the requisite paperwork before the end of the 60 period. It does not look to me like he did anything to try and screw you up on this. But it looks like the paperwork was not processed by the Court until after the period had run. That said, have you tried calling the Landlord's attorney to see if he would be willing to help get the case masked? Another alternative is to call the Court and get an ex parte hearing (with notice to the...

CAN I GET BACK THE RENTAL PAYMNT FOR THE MONTH OF FEB. FROM MY LANDLORD WHEN THE NEW OWNER BOUGHT THIS PROPERTY ON THE FEB. 7 ?

Mr. Frank hits the law right. But how does it apply to you? First, there is no reason to get the February rent back form the prior owner because you do not have to move out yet and the new owner cannot now charge you for February rent. Second, you get to stay for at least 90 days after the date the new owner purchased the home at the foreclosure auction. Third, when you move out (you are not entitled to any of your deposit until then), it doesn't really matter if the new guy got the...

As tenant how much supporting evidence should I attach to an answer to an unlawful detainer?

While what Mr. Chen says about the Court reviewing the evidence is correct, there may still be reasons to attach some information to the answer. For example, if the landlord is represented by an attorney, it might be beneficial for you to show that attorney what is really going on. While it can cut both ways (putting the attorney on notice of what evidence you have), there is a good chance that the landlord never told the attorney any of the information you have. It MIGHT get you a better...

Can a landlord collect rent for a unit which is not zoned for rental?

What is your goal? I am a bit confused, You seem to want to not pay rent because the unit is not permitted but you also seem to want to stay in the unit even though it is not permitted? Talk to the landlord and agree on some amount and move.

I received a 3 day pay or quit from my landlord. but there was never an official lease.

What the attorneys said above is correct. To expand a little bit - there is no requirement that a lease be written. It can be oral. Presumably, you agreed to pay some amount of rent per month to live where you live. you are required to pay that amount. If you have not, see the answers above.

My landlord has the place I am renting in short sale mode. Who now owns the property

Mr. Fink above is correct. I would add one additional suggestion. Make sure you get a receipt for your rent - a copy of the cashed check form your bank is fine. One thing that can happen is that the sale happens after the sale and before you know about the sale.