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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34736
Experience:  16 years real estate, Realtor. Landlord 26 years
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We are renting a house from an individual. They moved out of

Customer Question

We are renting a house from an individual. They moved out of state and we are paying their mortgage payment to them for this house. Well they called and said that the house is going to be foreclosed on. What are my rights since we signed a 2 year lease and have only been here for 4 months
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Barrister replied 7 months ago.

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.

Expert:  Barrister replied 7 months ago.

This is a difficult situation for you because you are still legally liable to pay the rent to the landlord as long as they are the legal owner of the property. But if a foreclosure occurs, then it would extinguish your lease and the new owner, likely the bank, would be able to terminate your tenancy and evict through the courts if they chose to do so.

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You could then sue the landlord for breach of contract for any damages you suffer, but if they are out of state you would have to sue them there. And if they had no money, then you might get a judgment that you can't collect on.

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With that said, if you were to simply stop paying the rent, with the owner being out of state, it is very unlikely that they would return to the state to try and evict you for breach of contract. Legally you are required to pay rent....but practically you can probably stop because the landlord is not likely to come back just to evict you from a house that he is losing anyway.

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thanks

Barrister

Customer: replied 7 months ago.
I have another question. We paid them rent and they sent it back. But they are saying they are coming to get the refrigerator they left here for us. Since its been in our posseion for 4 months can we refuse to give them the refrigerator?
Expert:  Barrister replied 7 months ago.

Since its been in our posseion for 4 months can we refuse to give them the refrigerator?

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Yes, it is part of the lease. So only if they want to try and terminate the lease and evict you then they would have the right to retake possession of the fridge.

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But they would have to give you a 7 day notice to pay rent or vacate before they could try to evict and you could then just pay the rent to continue the tenancy.

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So I would tell them that the fridge is included in the lease and you are not in breach of the lease. Further you are fully willing to pay rent to continue it, but you aren't going to surrender the fridge.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister