A friend wrote:
If a landlord sends you a notice to vacate the rental property within 30 days, due to a foreclosure. Do you have to pay rent for that 30 days?
There’s a HUHO for you.
A friend wrote:
If a landlord sends you a notice to vacate the rental property within 30 days, due to a foreclosure. Do you have to pay rent for that 30 days?
There’s a HUHO for you.
I would think as long as you are living on the premises, you would be expected to pay the rent. The foreclosure has nothing to do with the renter.
It depends on two things: your lease and state law. There are big differences among the states over how landlord- or tenant-friendly the laws are. Probably, if you’re living there for a time period, you’ll owe rent. If you really don’t think you should have to pay, but you really can’t afford a lawyer, look up your local legal aid society. I’ll bet they do a lot of landlord-tenant stuff.
I’m with Lance, seek professional legal help.
Indiana is ruthless when it comes to renter’s rights.
Legal Aid Corporation of Tippecanoe County, if your friend is a local.
My (non-legal) response - depends upon how much you like your landlord. Are you likely to get your deposit back? Or is that gone into the foreclosure maw already?
It really does depend on the law and the leases. In New Zealand (which is probably not where this person is from), you have to get a minimum of 42 days notice, and often more is required. But once they give you that notice you have to stay there or give the standard three weeks notice before you leave.
But the more important question is what is going to happen if you don’t pay rent. If you have a bond (deposit) then they’ll just take the unpaid rent out of that. If you’re not going to get your bond back anyway (in New Zealand bonds have to be lodged with the tenancy tribunal, but that may not be the case where this person lives), then not paying rent is the only way to get that money back. If you don’t have a bond, then go for it.
In terms of advice there should be some government department that sets and governs law around renting, they should be able to give you advice (and be cheaper than a lawyer).
If it’s a bank foreclosure, it might be worthwhile to find out which bank and talk to them. They might be perfectly happy to have a tenant paying rent for a few months while they arrange a resale.