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The home weve been renting for the past two years

Resolved Question:

The home we''ve been renting for the past two years went into foreclosure as our landlord, who owns several other rental properties, let this particular property go unpaid for months. It has now been repossessed by the bank, and we found this out last Saturday morning when the real estate agent hired by the bank came knocking on our front door. He told us the bank wants us out in 2 weeks. They will give us $500 if we leave in 2 weeks and leave the house clean. As far as we know, we should be given a written 30-day notice to vacate the premises and be offered any money in writing as well. As I understand it, after the 30-day notice expires and we''re still here, then they can start the eviction proceedings. Is this information accurate? Are there any other rights that we''re not aware of?
Submitted: 6 years ago.
Category: Legal
Expert:  truthfinder replied 6 years ago.

Landlords actually have to give you 60 days notice if you have lived there for more than 1 year under the new laws and the state is trying to get a law passed that would for lenders who foreclose on rentals to be required to give the same 60 days notice (as noted HERE); read more HERE, HERE, HERE, HERE, and HERE. Landlords can not force you to leave if you have not violated the terms of your lease; they will need to have a court order the eviction and you are entitled to your security deposit, possibly moving fees, and help finding a new place to live. Do not agree to anything unless it is in writing and signed by all parties involved to secure your rights. There are many agencies that can assist you with this issue. There is also the act of rent skimming here that may also help in a civil claim against the landlord; read the law on this HERE.

The fact that this has gone as far as the bank sending a Realtor out could lessen your chances of being allowed to stay, however, you can absolutely hold over until you are told to leave by the Sheriff or the court which could give you more time OR you can request additional time from the bank.......either way you will be forced to move but you also have a very strong civil case against your landlord.

Just be aware that they do HAVE to give you your Security Deposit back as well as you being entitled to the additional money & you can not be forced out without an eviction notice. I suggest contacting some of the local Housing Authorities for additional help because many times lenders will do unethical things like having utilities shut off to try and get people to leave properties that have been foreclosed on and this is illegal. Read more HERE as well.
truthfinder, Truth Finder
Category: Legal
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Experience: I'm a straight forward person w/ a professional manner & drive to find the truth!
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