i have a one year lease and i have been staying in the home for about 3 months and a US Marshall has delivered a packet stating my home is under foreclosure. my home is unlivable and he fails to fix anything. he is not answering my calls but texts me and he is threatening foreclosure.
The foreclosure and the failing to make repairs are two seperate issues. A house going into foreclosure does not excuse you from rent payments. However, you will want to make sure that if the house is foreclosed on that you remit your rental payments to the new owner. You may want to review the protecting tenants at foreclosure act for further rights and/or obligations for the tenant, landlord, and new owner.
As to the failure to fix issue. A landlord has an obligation to maintain a habitable property. However, you must notify the landlord in writing (certified mail, return receipt requested) in order to trigger his duty. If the landlord fails to remedy the problems in a reasonable amount of time, or 30 days, which ever is shorter, then you can deposit your rent with the court, ask for a court order forcing the landlord to fix the problems, or even terminate the lease. Before choosing do do one of these options you should consult with a local attorney to make sure that all of the proper steps have been taken and you don't get sued for breaching the lease.
If you have any further question please feel free to contact me.
Andrew A. Esposito
Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
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