The owner of the house !! HELP !!?

Question

The owner of the house I live in told me that in 3-4 weeks I'm going to have to move out !

She put her house For Sale on November of last year, but in the area we live it's very hard to sell homes there..So, she told me her mortgage payment was going up and that either her or me were not going to be able to pay for it because it was going to be high..

What can I do ?

What rights do I have ?

I been paying my rent..every month..

Please any advice will be appreciate..

Thanks !

Answer 1

not much.  get your security deposit back, as well as the rent, if you can.  she has an ARM that kicked over, and the interest rate is no longer affordable.  at least she told you of the problem before the deadline

A lot of other people have been kicked out, and don't get notice, deposits, or nothing.

Answer 2

Google the tenant-landlord laws in your state.  Here in Florida, even with a lease agreement, either party can break the lease with 30 days written notice.  She also cannot raise your rent without written notice.  Since you're on a month-to-month because you do not have a lease agreement, she can ask you to move at the end of the move without giving you any reason.  Sounds like she's trying to be nice about it, even though it does put you in an incredibly difficult position.  The alternative of staying while she's being foreclosed on is that you will be evicted anyway, and that eviction WILL show up on your credit making it harder for you to find another place to rent.  Because she's planning on letting the house go, you'll be making payments to her and she'll likely pocket the rent rather than make anymore payments on the house while you still get the stigma of being evicted when the bank gets possession.  Adding to it, when the writ of possession is issued, the sheriff (again, here in Florida) will show up at your door and tell you to leave.  You won't get even 24 hours to pack up your belongings and leave.  On top of everything else, you'll have no recourse for getting your deposit back.  

I don't mean to scare you and I do realize you've got enough on your plate with your pregnancy (congrats, btw!), but it really will be much less stressful for you if you find another home.

Answer 3

do you have a written lease?

It might specify how long the owner must give you - as a warning that you must leave.

but yes, see a lawyer if you really want to stay in the hosue longer.

Answer 4

Consult your lawyer.  This could lead to a lawsuit.

I would drop a lawsuit on her @ $ $

Answer 5

You have no lease, you are a month to month tenant.

The landlord can terminate your tenancy without cause or reason with one month's proper written notice. If you fail to vacate, you can be evicted.

You have no right to any back rent - you pad to live there on a monthly basis.

You have no right to holdover after your tenancy is terminated.

You are legally obligated to pay rent as long as the landlord owns the place.

If the landlord lets the bank take back the house, they are more likely than not going to give you notice to vacate. Same thing, you fail to move, you get evicted.

Answer 6

It doesn't matter if you have a lease or not. All she has to do is give you a 30 day notice. If you do not leave and she is forced to go through the courts to have you evicted, you'll get another 30 days, but you'll also be the one paying the court cost.

Answer 7

if you do not have a lease and you are renting on a month to month basis, then you are going to have to find a new place to rent

she has the right to sell her property as long as she gives you notice

Answer 8

You need to have an attorney review your lease agreement.  Generally, you cannot be thrown out unless you violate your lease or the lease expires.

Answer 9

Dont go in a fight with the homeowner of the property you own, if your approach is more sweeter than ever, you can easily stay there until the house sells and even help him sell it, he may even get you bonus a referral letter or even get you into a new place.

Just remember he is the owner, imagine if that was your house and you want to sell it, how different would that be?

You can win if you help, and you may even offer to purchase the property, and in this case ask for a Real Estate Fact Sheet, he surely must have one if he is seriously selling it. And you may get a better deal than anybody else, so good luck

Answer 10

People, people calm down.

Keep in mind that this owner is in an adjustable rate mortgage.  So what is going to happen is that this rate could easily increase from 7-12%.  At that time the mortgage becomes unmanageable.

It doesn't matter if the lease is signed, this thing hits foreclosure all bets are off.  The legal binding contract is between the renter and the person that is on title of the property.  When a foreclosure occurs, ownership changes.  Therefore, as much as you want to continue to stay in the property it is foreclosed upon.  So no one can occupy the property.

What I would do is have this person consult with there mortgage company.  In most cases, these lenders are working with the home owners on keepin the property.

That's what I would do.  And make sure that you keep your eyes and ears open about other rentals.  Just in case.

Answer 11

All I can do is tell you based on where I live...bc, canada.

First off, she can't raise the rent just like that without proper written notice and only one per year.  So there is nothing she can do to instantly get you to pay more or anything.  And for the moving out....in the case of where a house sells, she has to give you  written notice of (I'm not positive if it is 2 or 3 months) but one o rthe other.  Check into your rights and make sure this person follows through....also, in the case of house selling or owner moving in...you get to hold back last months rent to cover your moving expenses.

Answer 12

Shop for another rental home.  In the meantime DONOT pay her for the month's rent.  This will be your moving expense or for a deposit on your next rental.  She will pocket what ever payment you give to her since she is foreclosing.  This situation is happening frequently in Georgia.  It's not a pretty sight for a tenant -- the quicker you find another rental the better.  Good Luck.