Do I have to pay rent during the 120 days I have been ordered to vacate ? My lease expires on May 30th and I thought I had renters rights until then but I was told because I didn't answer a court notice then i gave up my rights. I gave all the paper work always to the owner who told me he was protecting me instead he took key money from the bank.
I don't know who told you that you lost your right, but that is not correct. If you are covered by the protecting tenants at Foreclosure, you are not obligated to answer, although it is always a good idea to do so.
it would be extremely risky to stop paying rent, and there is really no reason to do so, since there is no reason to believe that you will not be able to stay for the duration of your lease, sale or not.
Consult an attorney immediately, so that you can get advice concerning the protecting tenants at foreclosure act, and take the appropriate steps to ensure that your rights are protected.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
I agree with Ms. Golant about the rent payments.Legally, you are obligated to pay until the property is sold. However, in my experience, when an owner loses the property in foreclosure, more often than not, due to costs associated with an eviction, they typically don't want to spend the resources, nor wants the headache of filing an eviction. It's a matter that has to be assessed in a case by case basis. I think since you're the one that will be deprived of use of your home in a few months (and probably before May30th) due to no fault of yours, if I were you, I'd contact the owner and try to agree to a reasonable rent feee arrangement. Hopefully the owner will be agreeable to let you stay there until the sale date. Maybe offer to pay December, but have January through March as rent free months. Put this in writing or even an email so that he doesn't try to evict you in January. Good luck and let us know what happens after your talk.
DISCLAIMER NOTICE-- The above is a general response to the questions posed. This is in no way intended to create an attorney-client relationship, and should not be relied upon as legal advice. You are advised to seek the assistance of legal counsel for a complete review of your case and specific answers to your questions.
From the facts presented, it is unknown whether there is any language in your lease about what is to occur in the case of foreclosure. Otherwise, you remain obligated to the landlord for all rents due until the property is sold at foreclosure, as the landlord still has the right to evict and to obtain a judgment for back rent. Also, since your lease terminates shortly after the present sale date, you quite possibly can remain on the property until the conclusion of your lease term anyway. Also, if this is the first sale date, the owner might have options available that will permit the owner to request that the sale date be pushed back and/or cancelled altogether. It is suggested that you speak with an attorney regarding your specific situation and obtain the option available to you at present. Good luck!
This answer contains general information about legal matters. The information is not advice and should not be treated as such. If you have any specific questions about any legal matter, you should consult your attorney or other professional legal services provider.
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