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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35282
Experience:  16 years real estate, Realtor. Landlord 26 years
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My husband & I filed bankruptcy due to s Alzheimers disease.

Customer Question

My husband & I filed bankruptcy due to his Alzheimers disease. I am full time caregiver and cannot work. On 9/4/15 our was sold by the court. I just received a lease that was sent to my lawyer. It is 9/15/15...We are moving to receive more help & services on 10/3/15. Do I have to pay rent for the 18 days?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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First I will go over your legal obligations, and then what will likely actually happen..

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If the property has been sold, then the new owner would have to bring an eviction action against you to take physical possession of the property. In such situation the new owner or the bank will approach the court and ask for a hearing to decide when you should be going through foreclosure eviction. At the time of hearing the judge will decide how long you can stay before moving out.

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After the court orders your foreclosure eviction if you do not move out within 10 days then the new owner can obtain an execution of the eviction judgment by which the sheriff would get the right to remove you from the premises. The sheriff would normally give you 24 to 72 hours before physically showing up and removing you and your property.

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So if you refuse to sign the new lease, then the new owner would have to file to evict, which would take more than the 2+ weeks that you are going to need to move elsewhere.

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From a practical perspective, it makes more financial sense to simply refuse and force them to proceed in the courts to try and get legal possession of the property than to sign and bind yourself to a lease that the owner could then sue you for if you breached and moved.

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Since proceeding through court is an expensive process, you might be able to negotiate with the new owner for "cash for keys" where they just pay you some agreed on amount and you voluntarily vacate the property on an agreed on date. This saves them money on court fees and gets you money to use to move.

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thanks

Barrister