Home > Research Legal Advice > Landlord / Tenant > Do I have to continue paying rent if my landlord is going through a fore...
Asked 5 months ago - Greensboro, NC
FlagThis 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?
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.
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