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Do I have to continue paying rent if my landlord is going through a foreclosure?

Greensboro, NC |

This is my situation. I moved into a condo late December. I didn't want it to get rented, so I told the landlord I would pay her for 1/2 Nov and all of December for a total of $800. She kept utilities in her name, so I paid another $200 deposit for that. I also paid 1/2 of Jan Rent $325 and had all intentions of paying the other half until a sheriff served foreclosure papers to my door. My last correspondence with my LL stated I would pay the other 1/2 when she finally gave me my lease, gave me a receipt for all past payments, and let e know the foreclosure situation was handled. She said ok. When I went over to drop off rent, none of this was done, and she said the property will be sold in April. Do I need to continue paying rent? and what are my other rights?

Also when I told her I wouldn't pay rent tonight, she flipped and said her fiance is a cop and he wouldn't be happy about me trying to live in her place for free. I told her I don't appreciate her threat and he better not step foot on my property. I need my lease that was promised to be given to me at the beginning of January, I think there is some act that protects me during foreclosure. Also what is Cash For Keys? Also can I get the money I gave so far to my current landlord? She says she didn't know what was going on, but I been through foreclosure before and it's not a short process, and for there to already be a public sale date, she has known about this for sometime. Also what about rent abatement for a non peaceful living situation from stress and now the threat of her getting her cop fiance involved.

Attorney Answers 1


You seem to admit there is a lease in place, so the short answer is yes, you are, most likely, still legally obligated to pay rent to your landlord. Keep in mind, the lease, and thus the payment of rent, is between you and your landlord, not between you and the foreclosing bank. The , foreclosure is between your landlord and their bank. The two are separate deals. Typical laws and rules apply, i.e. if you don't pay your rent, your landlord has the right to evict you. However, you are correct that you have some rights when it comes to the foreclosure. The bank can't just run you off. There are notice periods and other protocols they have to follow, but in the not-so-long run the bank will get you out of the property. "Cash for keys" is a very good way to get you out of the bank's property. It basically means that the bank will pay you to leave. It can be a pretty good deal for you. Also, you don't have to just accept the first amount they offer you. The amount is negotiable. Good luck to you.

<a href="">Fred Amos</a> provides legal representation in Wake County, North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances. Free consultation and flexible payment plans for <a href="">DWI's</a>. Call 919-803-7208.

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