the home we rent sold at auction today?
and the new owner came to tell us verbally we had 30 days to get out. He did not give us a written notice. Does this make a difference? Do we have more time legally or not?
Public Comments
- Do you have a lease? That takes precidence.
- In the US there are new federal laws protecting you at least 90 days up to one year with formal notice http://rismedia.com/2009-08-20/new-federal-law-protects-renters-from-eviction-after-property-foreclosure/ additional info: Upon reading your other post, You should be label a tenant in regard to the federal law, unless you are on the title you are not the legal owner therefore your only legal label to your situation is landlord tenant; its immaterial if you have a lease or pay rent, for as long as you have established residency under state law and you are on not on the title you have a landlord tenant relationship as such the new owner of the property must follow the new federal law
- I suggest that you consult with an Attorney to better understand your rights. There are a variety of factors that will determine your rights: what type of auction was it, was it sold free of liens or encumbrances, what state do you live in, do you have a lease agreement with the previous owner? A general answer from a forum member will not be helpful in this instance. If you cannot afford an attorney, check your local state law library website: it should provide a list of public interest and pro bono lawyers who would be willing to speak with you free of charge.
- Many tenants enter into one year leases, only to find a few weeks or months later that the property is heading for foreclosure and that their leases will be extinguished. The new federal law provides that the lease survives the foreclosure, except that the lease can be prematurely terminated and the tenant given 90-day notice where a purchaser seeks to occupy the premises. I would politely tell this A-Hole to back off and read up on his laws. If you have a lease provide him a copy. You have 90 FULL days. It has to be written notice. ONLY if he decides that he will be living there. If not your lease will be honored until it ends. You do have to pay this person rent though. Don't sign anything he ever gives to you. All you have to worry about is your lease. Or you can tell him to buy you out of it (cover moving costs etc) that is also acceptable.
- Yes you do have more time.
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