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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111450
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What can I do? I rented a home from a property management company

Customer Question

What can I do? I rented a home from a property management company unknown to me the house was already in foreclosure. I found out when I letter came that the bank took them to court and won apparently the management company had only the title to the house. I called the realtor that represents the bank to see what my opinions were. They told me I could try to continue to rent but I would have to go through a rental process with no guarantee that I would be approved next option was to try and purchase the property in which case I would have to move me and my family out
with no guarantee that they would sell it to me, the final option was to take a money for help with relocation. I asked what was the financial offer at that time they told me that they didn't have a number for me and that they would let me know as soon as an offer was made. No one contacted me dispute several calls to there office. Last Friday they finally left a message on my phone asking me to call their office which I complied and got no answer. Yesterday my wife finally got a hold of a representative and I was told that maximum offer no longer stands because I did not take that offer keep in mind that no offer was made to me not verbally or in written form. Now I am receiving a note or letter taped to my front door stating that this is a notice of termination of rental agreement and that they intend to evict us in 30 days of the delivery of this note. I have a lease until next February
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you can prove that the management company knew the foreclosure was in process and did not disclose it to you, then the management company is in breach of the lease with you and liable to you for any damages for breach of lease including costs of having to move.
They have to give you 90 days notice under the federal law to evict you. The Helping Families Save Their Homes Act has a provision for tenants that in order for them to evict you they must give 90 days or they can negotiate with you to pay you to leave sooner. See: http://www.occ.gov/publications/publications-by-type/comptrollers-handbook/ptfa.pdf
If they insist on trying to evict you, then you can not leave and make them sue in court where you would countersue for breach of lease and unlawful eviction contrary to the HFSHA. You could alternatively sue them now for breach of lease and seek costs of your move and other damages incurred as a result in their failure to disclose the foreclosure that could impair your lease term.
You are the one in the driver's seat here, regardless of what they may say, because you have a binding contract until February and it was the management company that is the one breaching the lease and also not complying with federal law and you need to inform them of that and the terms you want not what they want to give you or tell them they can explain to the court why they violated not only your lease, but the federal law as well.
Customer: replied 1 year ago.
What do I do about the mortgage company whom apparently. Won in court over the management company that I have a lease agreement with and now is demanding possession of the property and is promising to evict us in less than 30 days?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It does not matter they have to give you 90 days, that is the LAW, which I provided you the link to above. If they try to evict you without 90 day notice, then they are violating the law and you can sue them for unlawful eviction.
So if the mortgage company is violating the law in addition to the management company having misrepresented and breached the lease you can sue both of them for damages.