So I had recently discovered that my 4 plex apartment was getting foreclosed on when Auction date was taped on my door. I immediately contacted my LL, and he of course denied everything stating this was “all a big misunderstanding with the bank”. It sold two weeks later, I have been served an eviction notice, the new owner refused rent and gave everyone a 90 day move out period. I figured, sweet deal 3 months to save money that will all go undoubtedly towards a new deposit first and last etc…Now , today, I found the gas man shutting off the meter. This means no hot water (it was paid by the previous owner) I planned on suing the previous owner in small claims court next week for my 995.00 deposit, but who do you call to get the utilities paid for by the owner back on??? I really would not mind staying 2 more rent free months, I just did not know they would be done shivering under a cold shower head.
Sell House Quick
Related articles:
- what happens to my apartment security deposit if bank forecloses on my landlord? landlord says he hasn’t made payments tobank for 3 months–in over his head. should i tell him to use my security for january 1 rent so i won’t lose...
- apartment foreclosure? I rent an apartment in Florida and was served papers on Saturday saying that the unit is being foreclosed on. I have made many many phone calls and gotten...
- What to Do if You Get a ‘Boil Water Notice’ Hopefully, you'll never be greeted with a "boil water notice" when you check your apartment mail. But if you get such a notice, you should take it seriously. Simple...
{ 3 comments… read them below or add one }
you don’t call anyone … new landlord does. it’s his/her/its responsibility.
depending on where you are, state law or local ordinance controls this. Maybe the health department, maybe building inspectors, maybe other government body can apply pressure to landlord.
btw, law in most states does not give you the right to live there rent free — old rate of rental continues and you pay the new landlord.
but yes, you have to sue the old landlord for your damage deposit. GL with that — he’s probably broke. which means that early bird gets the worm [file suit NOW] and waiting gets you nothing. [winning the suit is easy -- collecting the cash is hard -- if h'es broke, he's broke.]
The new owner doesn’t want you people to move in 90 days. He wants you out now. I bet the next thing that goes is rubbish service and then the water.
You and your neighbors need to go to the gas company’s nearest office, explain the situation, and order them to turn the gas back on. Your new owner is trying to strong arm all of you to leave now and that is illegal.
You all may wish to hire a tenant’s right attorney and drag this owner into court and get a temporary injunction against him regarding adverse acts designed to get you all to move out now.
If the owner wants you all to move then he can give you a 90 day eviction notice if the law allows for that and continue to collect rent from all of you. Legally that is what he should do. Business wise that is what he should do.
As for your deposit, you new owner may assume responsibility for it. I would not be so quick to sue the former owner for the deposit. It may not be his responsibility.
you did not volunteer whether you had a 6+ month written lease or were a month to month tenant. IF longer tenant, you have good claims in
court and will win easily if you file. IF in fact, you are a month to
month tenant, it seems as though the LL is being generous.
While all this might seem like I am being very picky the law is like that;
so that everyone is protected.
Let’s presume you were month to month. THE new owner had
only to give you a 30 day notice. While it is true that the
old one has your deposit, you did not volunteer that you
went to court to sue him for its return NOR did you volunteer
that you asked the new owner IF HE Had been given the
deposit–thus, one thing at a time!
IF we were in Judge Judy’s court, she would say
NO FREE rent; everyone pays….
you have presumed to get 90 days free rent cause you had
a notice to leave within 90 days. Then, the LL cancels
your power. I am only guessing that your rent included
electricity or gas……
thus, the LL MIGHT Be taking advance precautions or
he may be a bastard; how can I tell from what you offered?
suggestions!? sure
move out immediately and have an exit walk-through.
ASK immediately if the new owner has your deposit.
you know what to do if he does or does not; I am betting
he does not. NOR will he volunteer to give you money
from his pocket.
sue the old LL. NOW
get back to me if you have further queries.