Ive lived in my apartment building for over a year now. I signed a 12 month lease originally which ended in May. I talked to the land lord about being on a month to month but he insisted I sign a 6 month lease which I agreed to on May 6th, 2009. I received a letter from a local attorney today that the apartments have been foreclosed and I have 30 days to vacate the premises, Is this possibly legal? I contacted the attorney listed on the notice and she assured me that I will be evicted in 30 days and law enforcement will be involved if I resist. I don’t have the money to move in 30days!! This seems so ridiculous and illegal, I have a brand new 6 month lease. Anyone know my tenant rights or where I can go for help. Im worried I will be homeless since 30days salary wont even cover half of my moving expenses. I live in Idaho and need advice please!
Repossession
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It’s legal–you signed a lease with someone who now is powerless because he doesn’t own the building–he’s nobody. You need to call your state Attorney General’s office to find out things like getting your deposit back and any rent for a part-month, and what legal relief you can get so you can move. You’ll also find out of this attorney is bluffing or not–but in general you have next to no rights at all. Your landlord may be vulnerable to a small-claims law suit and taking money under false pretenses. He pressured you into signing a lease when he knew he was going to lose the property. At the least you’ll have to sue him in small-claims court for your security deposit. Or possibly, since the bank owns the building and has evicted YOU, THEY may be on the hook for the security deposit. At least you could use that to move. And by the way, don’t pay any rent for July or any part of July.
Yes, you must vacate the premises or lose all your stuff. If landlord gave you a 6 month lease, that is on a building that is in foreclose, then you can take it up with the management of the previous owner (your landlord) but I’m sure it won’t do any good. Suggest you find a “Storage rental” and take your stuff there. Meanwhile, try to find a place to live as a roommate or boarder - check craigslist.org for listings.
check the landlord tenant code in your state. if the landlord is no longer the landlord, the lease is null and void most likely.
My peers gave very accurate answers here but allow me to put my two cents in..In any transfer of ownership–the new owner is free to break Leases with 30 day notices.Most don’t–they just wait till they expire.In your case the note-holder wants the property vacant.You can hire a lawyer and try to fight the big fish..I doubt you will win—-a final order for an eviction needs to be signed by a Judge–and you mention nothing about being to Court….In front of a Judge you may get some leeway if you plead hardship–as this is a common and unfortunate situation nowadays I have seen Judges cut tenants a lot of slack..You can try to sue the old owner-but i suspect at this point he doesn’t have two nickels to his name…Hope things work out for you !
The lease you signed became void when the foreclosure was completed. Your 30 day note to vacate is legal. You should have the right to your security deposit back, but they have 30 days to mail that to you. Leave in the 30 days and it will not count as an eviction on your rental history.
First, the letter is not an eviction. Evictions are court actions. You do not want one, but this is NOT it. Law enforcement will NOT be involved in 30 days. They will not do anything unless there is a court order. It will take 3 weeks or so after that to obtain a court order. MOVE before that date and SHOW UP for the hearing. Make sure the judge does not issue the eviction, he won’t under these circumstances if you have moved out already.
If you live in a complex of more then 4 units this lawyer is wrong, there will be no eviction. Your lease is valid and the bank that now owns the complex is supposed to be hiring a licensed RE broker to manage it until sold.