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Month to month written lease has no details about the house going into foreclosure, as of January 9th 2013

South Portland, ME |

the house was taken back by the bank . The landlord moved out in December we agreed I would pay all utilities ( he disconnected my cable , I've been paying for oil elect , everything that was in our original lease i am paying ) he claims to have hand wrote a note and put it on my door giving me notice to evict and recently sent me email reminding I need to be out on march 9th . Is this a legal eviction ? If the bank owns the house isn't it the banks responsibility to evict me ?

Attorney Answers 1

Posted

If a tenant does not voluntarily move, the eviction process is : (1) service of a proper notice to quit: (2) court order granting the landlord/owner possession of the property; (3) court issuance of a writ of possession; and (4) service of the writ of possession on the tenant by the sheriff. Once the sheriff serves the writ of possession, the tenant has 48 hours to vacate the property. If the tenant does not vacate, they likely will be charged with criminal trespass.

So at best, you have been served with a notice to quite. I cannot say that the notice is valid. It must conform to the statutory provisions. It is quite common for the notice to be defective.

There are also issues whether the landlord has a legal interest in the property. I cannot give a definitive answer from the information provided. If the bank owns the property, you are correct that the old landlord has no standing to evict you.

From your description of the facts, you cannot be forced to leave on March 9, 2013.

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