Do I have to pay rent to my landlord who has this house in foreclosure?
My lease is not up until July 30th but this house due to be sold in Sheriff sale June 12th. Do I still have to pay my June and July rent to him?
4 attorney answers
Sheriff's sale may not result in your having to move early. If you are still there, pay your rent. If you are notified you must leave, contact a landlord/tenant attorney as you might have other options and might be entitled to moving expenses.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
If you are required to pay rent under a rental agreement then you will need to continue paying your rent. If you have been informed by a third party that they have been appointed a receiver of rents for your property, then you may have to direct your rent checks to them instead of your landlord. However, until that happens you are obligated under your agreement to make rent payments to the landlord.
The landlord still owns the property until the sheriff's sale is confirmed, which usually takes place approximately 30 days after the sheriff's sale.
Yes, you have to continue paying your rent. If you do not the landlord can evict you and force you out of the house. It is as important, if not paramount, to make sure you have a written signed lease. That is your strongest protection against any party combined with your continuous payments. Because once the foreclosure is completed (confirmation of sale and order of possession), the bank has no right to evict you from the property if you have a written lease. There are federal and state laws and if in Chicago local laws that protect you from the banks trying to evict you. You will need to prove your residence with your name on utilities and a drivers license with the address of the property at minimum.
There are limitations as to how long your lease can be, but you should speak to an experienced landlord-tenant attorney who can help make sure the bank doesn't take advantage of you. In some cases you could even collect a sizeable check from the bank to move out early.
Monitor the foreclosure case online and through mailings received at the property to see where it is at. Because you don't want to continue paying rent after the "order approving sale" is entered by the court. Also be careful of trying to show up and get involved in the foreclosure case without a lawyer. The bank attorneys may try and rope you into the case to make you subject to any order of possession entered by the court at the end of the foreclosure case.
This is important because even if the bank completes the foreclosure, the bank does not have a right to remove you from the property if you have a written lease. If you don't have a written lease, in cook county they will need to file a separate eviction action to remove you.
This is by no means legal advice in any way, nor on your particular matter. The above statement is an assessment of information based on general principles and legal expertise in the field. We strongly urge you speak to a qualified and competent attorney who can look at your matter in detail and advise on you on the best go forward course and strategy.