I just started renting an apartment 3 days ago, and yesterday an attorney came to my door and gave me a notice stating that the house will be foreclosed on Nov 28. The landlord hasnt said anything to me about this. Also, i do know that there is a company wanting to buy the property to build condos there because of the location. So i guess what I am asking is, what are my rights? Should I even unpack?
Sell House Quick
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This kind of thing really pisses me off. That landlord should have told you. No I wouldn’t unpack, I book it the hell out of there this weekend. I certainly hope you didn’t give them 1st and last. You probably won’t be getting any of it back. I would go and file a complaint with the city about this landlord.
That wasn’t an attorney who came to your door, it was a process server. They (the persons foreclosing)probably don’t even know you’ve rented the property and may have mistaken you for the owner. The first thing you should do is contact the attorney that is listed on the notice. Explain to them that you’ve jsut rented the apartment and ask them how much time you’ll b given to find a new place. There is a new law that goes into effect on 1/1/2008 that gives tenants who have made their rent payments on time 120 days or the remainder of their lease (whichever is shorter) to find a new place. There is a tenants rights hotline at 773-292-4988 that will also be able to give you information.
If you were not named in the foreclosure action, your lease will still be valid after the foreclosure. The procedure for this varies from place to place, but a new owner takes the property subject to any existing obligations. In order for them to evict you, they would need a court order and you would be able to appear and defend yourself. If you post your state, I can provide more information.
You certainly could move at this point. No one is going to come after you if you do. Just because the foreclosure sale is scheduled for Nov. 28 doesn’t mean that it will take place at that time either. The majority of foreclosure sales are not held on the day that they are originally scheduled.
Good luck, I hope this helps.
PS The bill referenced above is for Illinois.
Each state has different laws on how foreclosure of a landlord will affect the rights of the tenants, you should have some protection under due process, read your notice carefully it could be that you were named in the foreclosure to attempt to evict you in the same process.
In this forum participants such as myself give opinions on subjects that they feel they know the answer to and sometimes those opinions sound exactly like the right answers but they might not be due to the varying laws in each state, and anyone can make a mistake, that’s why I like to give links to resources that you can check all answers against, including my own opinions, in case my opinions are wrong. Since most of these links are from state & federal government & non profits sometimes they change them, let me know if the links are wrong so I can go find the new ones. So to that end here are some links that you might want to check before determining what information you should consider following up on.
How tenants are affected by a foreclosure of their landlords
no don’t UN pack move out and maybe small claims court to get the landlord and your money call your renters board ask questions turn him in hurry before he runs