Question:

Can i be sued by renters in my house i lost to forculsure?

by Guest65089  |  earlier

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i gave then 3 month notice to move. i have wriitten documentation. They feel they shouldnt have paid if i was loosing my house. now they filed a law suite. i know i should be contacting a lawyer but i jst got served today??

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8 ANSWERS


  1. yes dey can, its their right! but den again dey wont win!


  2. I'm not an expert, this is just from research.

    It depends on the state.  

    Generally a foreclosure terminates the landlord-tenant lease.  If the bank--or someone else-- became the new owner (i.e. you stopped paying on the mortgage), until the purchaser gives the tenant written notice that the property was bought and a name and address where to send payments he is not legally required to send rent.  

    You do need to refund their security deposit.

  3. you gave them 3 months notice, if they moved out immediately, they should not pay because they were not there, if not, they should pay for the time they were there. i can't even believe how law suit happy people are.

    get a lawyer who knows what they're doing. these people are obviously looking for a free roof over their heads.

  4. You can be sued if they are on a lease.  You can be sued for the amount that they would have had to pay to you for the duration of the lease.  As an example, if they pay $1000/month for rent, and they still have 5 months left on their lease, chances are they could sue you for $5000 and most likely win.  But that's just what would happen where I live.  You'd have to speak to a lawyer in your area to find out for sure.

  5. Depending on your local rules, the 3 month notice may or may not be adequate, but the issue seems to be that they paid rent when you were losing the house?  No, they pay rent until they leave the apartment.  They don't get free rent because you're in foreclosure.  If that money should have gone to the bank rather than you, that's an issue between you and the bank, it has no bearing on the tenants.  

    So yes, you'll have to get a lawyer, but on the face of it, I can't see their case.

  6. I know the renters rights are what matter. The forclosure will be a non issue in this matter.

    However, so long as you posessed the home while they were renting it, then they had a place to stay. You gave more than enough notice for them to leave, and they did not, so you technically could have evicted them I believe.

    If you lost the home, and they continued to pay rent AFTER you lost the home, then that is another issue

  7. Actually, when a house changes hands like that, the tenants go with it, as well as their lease agreements. If you sold a rented house, the new owner has to take over the lease (of course, you'd have to let them know it was coming with tenants)...

    So you can warn your tenants but they should be able to stay at the house (the bank gets ownership when you forclose right?).. so the bank (or whoever) would be taking over your tenants leases until they chose to move out.. (Here anyways.. maybe you have different laws.. i'm in ontario)

    Also, what you did with the money is none of their business since they were still given a place to live and they still can have a place to live.

  8. i don't think there is anything they can do. kinda like a room for rent, you occupy it, you pay.

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