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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111450
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have an unusual lease agreement with a owner who turned the

Customer Question

I have an unusual lease agreement with a owner who turned the home back over to the bank in October 2014. We came in and rehabbed a home that had been vandalized. We put in hardwood floor, carpet, cabinets, granite countertops, new A/C that had been stolen, appliances, built a retainer wall to keep water from flooding the back, painted and other smaller things. The new owner bought this when the Protecting Tenants at Foreclosure Act of 2009 was still in force. The lease gives us the right to live here at $900 a month, rent free, that eats away at the money we spent. It also contains a clause that if we are ask to move out we get reimbursed for expenses. The present owners gave us a 90 day letter in November and my husband called and spoke with them and we also had an option to buy which we told them we wanted to do but they say that's not an option anymore. This same company had someone knock on our door the day they bought the houses and tell us we had 30 days to get out. Once they realized we knew about the Foreclosure Act they sent us a letter stating if we were eligible for the Foreclosure Act ....we did not act on the 90 day notice other than the call as we read that they have to honor our lease. Now they have served us with papers stating we refuse and fail to deliver possession of the premises to them. So do I have rights or not? If not, can I take all the things I have put in the house. I have to answer the courts today and then will be assigned a court date - not sure how soon that will happen. Thanks for your time. Larinda T. Campbell(###) ###-####
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 8 months 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 have a lease agreement with the prior owner and the home was foreclosed upon it is UP TO THE NEW OWNER TO KNOW THE LAW and it is up to them to give you the 90 day required notice. If they did not provide the proper notice, then you did not have to do anything until they did. So now if they are suing you, what you need to do is file a motion to dismiss for them filing to provide you proper notice under the Helping Families Save their Homes Act as required by law, which would result in them having to pay to file suit again.