Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Can a landlord facing foreclosure issue a lease after property is in foreclosure? Is this legal?
Yes, legally he is still the owner of the property and your landlord until an actual foreclosure sale occurs and the property is sold at public auction.
But the lease would be extinguished and any notice void if the house is actually sold at auction and you would just be a month to month tenant..
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
So we should not worry if he pays the delinquent taxes or not?
Not really because if he doesn't pay them, the house will be sold at tax sale and a new owner would take over ownership. They would still have to give you notice of at least a month if they wanted you to move out. Or they could just continue renting to you as a new landlord.
We should be concerned with just satisfying our end of the agreement. What about the 90 day notice? Is this his way of trying to "scare" us?
Yes, you just keep paying rent as normal and see how it turns out. If he loses the property, anything he had you sign is void. But if you wanted to stay on, it couldn't hurt to sign a new lease to protect yourself. If he lose it, the lease is extinguished anyway..
Generally yes, and then even after any foreclosure auction (if it happened) a new owner would have to give you at least another 30 days notice before they could try and evict you through the courts..
But typically for taxes, something usually gets worked out with the owner to pay them or set up a payment plan. If this was a foreclosure due to them not paying the mortgage, then that is a different story and the sale usually goes through..
You are very welcome. Glad to help any time. And as I mentioned, if he loses it at a tax sale, anything you sign with him would be meaningless anyway as he would no longer be the owner to enforce anything..
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Thanks very much. Happy to help any time.. I think that there may be some type of rating scale or "smiley face" ranking that you can click to rate my service and close the question..