The home i am renting has been foreclosed on. I have a lease that expires Feb 2011 and my rent is current.
3 attorney answers
I am not a Texas lawyer, but I can steer you in the right direction on this one.
Under federal law you cannot be evicted until the end of your lease or 90 days. I wrote a Legal Guide on the subject and later discovered that quite a few lawyers in other states had done so, too. I've also written on it twice, at least, in my blog. Look under Landlord and Tenant and you'll find a complete text of the law posted about a month ago.
Hire a lawyer to help you on this one. Keep the rent for now. Don't let go until you are sure who is entitled to it. Ignore real estate agents.
Clifford L Tuttle, Jr
Attorney at Law
Pittsburgh Legal Back Talk
A properly executed lease for a property does not become "void" when the property is foreclosed upon. And you said it didn't "sell" - do you mean the foreclosure was not completed? Nevertheless, the lease continues and the new owner, whoever that is (the foreclosing bank, or whomever buys it at the foreclosure auction) buys the property subject to the lease. Once that new owner is actually the owner, then you need to pay rent to them. They are required to notify you in writing. Obviously, you need to keep copies of cancelled checks, and consider sending your rent (early enough to get there) via certified mail or a delivery method where you receive a receipt.
I don't know why you would need to send "a proposal letter to the bank".
As a practical matter, you should plan on your lease not being renewed at the end of the term in February and start looking for another place.
As an aside, you might consider making a complaint to the real estate agent's broker or to the Texas Real Estate Commission about that real estate agent.TREC
you need to look up the records of the foreclousre and the county land records at the recorders office. You can always pay your rent into an escrow if you are unsure whom to pay rent to.