Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I'm a Michigan tenant. My landlord has been dancing around…

Customer Question
I'm a Michigan tenant....
I'm a Michigan tenant. My landlord has been dancing around the issue to deliver a new lease agreement. Come to find out the property I dwell in has gone into foreclosure 2/24/16 for nonpayment of taxes. Just today, 3.7.16, he contacts me with two options, a) give me a 90 day notice to vacate, or b) come by with a new lease. Can a landlord facing foreclosure issue a lease after property is in foreclosure? Is this legal?
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 2 minutes by:
3/7/2016
Lawyer: barristerinky, Attorney replied 2 years ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,030
Experience: Attorney over 17 years, landlord 26 years
Verified

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.

.

Can a landlord facing foreclosure issue a lease after property is in foreclosure? Is this legal?

.

Yes, legally he is still the owner of the property and your landlord until an actual foreclosure sale occurs and the property is sold at public auction.

.

But the lease would be extinguished and any notice void if the house is actually sold at auction and you would just be a month to month tenant..

.

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

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Ok. So we should not worry if he pays the delinquent taxes or not? We should be concerned with just satisfying our end of the agreement. What about the 90 day notice? Is this his way of trying to "scare" us?
Customer reply replied 2 years ago
I see that he has until 3/31/16 to pay 2013, 2014, and 2015 taxes.
Lawyer: barristerinky, Attorney replied 2 years ago

So we should not worry if he pays the delinquent taxes or not?

.

Not really because if he doesn't pay them, the house will be sold at tax sale and a new owner would take over ownership. They would still have to give you notice of at least a month if they wanted you to move out. Or they could just continue renting to you as a new landlord.

.

We should be concerned with just satisfying our end of the agreement. What about the 90 day notice? Is this his way of trying to "scare" us?

.

Yes, you just keep paying rent as normal and see how it turns out. If he loses the property, anything he had you sign is void. But if you wanted to stay on, it couldn't hurt to sign a new lease to protect yourself. If he lose it, the lease is extinguished anyway..

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Thank you. Is it typically 30 days from notice of foreclosure sale to auction?
Lawyer: barristerinky, Attorney replied 2 years ago

Generally yes, and then even after any foreclosure auction (if it happened) a new owner would have to give you at least another 30 days notice before they could try and evict you through the courts..

.

But typically for taxes, something usually gets worked out with the owner to pay them or set up a payment plan. If this was a foreclosure due to them not paying the mortgage, then that is a different story and the sale usually goes through..

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
I appreciate your help. I believe the landlord will lose the property. He already lied to me back in January that he paid the taxes. He had until early February to make payment arrangements.
Nevertheless, your expert advice has been helpful.
Lawyer: barristerinky, Attorney replied 2 years ago

You are very welcome. Glad to help any time. And as I mentioned, if he loses it at a tax sale, anything you sign with him would be meaningless anyway as he would no longer be the owner to enforce anything..

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
I received excellent advise and look forward to using this site again in the future.
Lawyer: barristerinky, Attorney replied 2 years ago

Thanks very much. Happy to help any time.. I think that there may be some type of rating scale or "smiley face" ranking that you can click to rate my service and close the question..

.

.

thanks much

Barrister

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,030
43,030 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

43,030 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
If the house that I am in is being foreclosed on. And Im
Hello, if the house that I am in is being foreclosed on. And Im paying my rent on time. And an Eviction notice is on the door. For giving me like 5 days to move. Can I get this extended some type of w… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,030 satisfied customers
I need to vacate my renters that didn't want to renew
I need to vacate my renters that didn't want to renew contract since 4 years, I need the steps in how to file this in court ? My house in in Arlington Texas Some times they don't pay rent like 6 month… read more
KLAW
KLAW
Juris Doctorate
2,381 satisfied customers
I'm located in California, my landlord contacted me and said
Hi Thomas, I'm located in California, my landlord contacted me and said she is selling the duplex. I've lived here for 6 years. What are my rights? August 12th I'm going to be out of the Country for a… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,030 satisfied customers
Our Landlord is been harassing us and sending harassing txt
Our Landlord is been harassing us and sending harassing txt msg. She shows up at the property without notice and when we ask her to leave she screams in our faces that this is her house and she will c… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,030 satisfied customers
While on vacation my neighbor told me my landlord was entering
While on vacation my neighbor told me my landlord was entering my home without my knowing and without me being there. When I asked her she stated she has the right to do so at anytime. I said you don'… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
I am a victim of domestic violence. I signed a lease but havent
I am a victim of domestic violence. I signed a lease but haven't moved in yet, my abuser knows where I'm moving. Can I cancel my lease? I am also a student… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,030 satisfied customers
My son & soon to be daughter in law(aka "DM") are renting a
My son & soon to be daughter in law(aka "DM") are renting a home in Desoto County. The home they are renting is owned by a former client (aka "AB") of "DM's", who is a hairstylist. There was never a l… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,337 satisfied customers
I have an aunt renting a room from me, we got into a verbal
I have an aunt renting a room from me, we got into a verbal confrontation and I gave her a 30 day notice to move, what are my rights as a landlord, there was a verbal lease, nothing in writing. She is… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
I have a friend who was staying in my spare room in my house.
I have a friend who was staying in my spare room in my house. We were close friends, he has keys from the house, and he was paying me for the room he occupied. He never had any rent agreement signed, … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
The house I rent was forclosed on and transferred back to bank
The house I rent was forclosed on and transferred back to bank on December 27, 2012. We received a notice from a real estate broker saying they represented fannie mae and that we had to move or fax le… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,030 satisfied customers
Ive been married for 6months and my husband moved my son and
I've been married for 6months and my husband moved my son and myself from Pensacola Fl into an apartment complex which we are not on the lease.My husband pays all the bills because I haven't found wor… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a tenant who refuses to leave a home of mine that is
I have a tenant who refuses to leave a home of mine that is in foreclosure and I want to get some personal property of mine out of there. do i have a right to go into my house and get it while tenant … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Thr house im rented w/ lease was purchased by chase in aug.
Thr house im rented w/ lease was purchased by chase in aug. they are demanding in renegotiate new lease or move...Help… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I company builds a spec home. (Worth 1.6 mil) Its in Long
I company builds a spec home. (Worth 1.6 mil) It's in Long Beach CA It's an 8 bedroom home. Due to the housing crash it does not sell thus they rent it out. The home is an 8 bedroom home. They rent it… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,182 satisfied customers
I rented the house and the tenant didnt pay the rent last
I rented the house and the tenant didn't pay the rent last 5 months. I hired a lawyer but the eviction process was slowed down by the clerk's mistake at the court per my lawyer. We are at the final st… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
Hi, - Im tenant of a house (43551, OH) since 1/7/10, -
Hi, - I'm tenant of a house (43551, OH) since 1/7/10, - 2 weeks ago, I rcvd letter from the Sheriff Office, that the house is in foreclosure, - I paid rent up to this month (April 2012) Questions: 1-W… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My sister lives in an apartment building (same apartment for
My sister lives in an apartment building (same apartment for the past 10 years). On Thursday March 15, 2012, the building manager arrived for an unannounced inspection. She asked him to come back in 2… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am a landlord and I went to trial on an eviction. My
I am a landlord and I went to trial on an eviction. My tenants have not paid me anything since 10/16/09, but on 10/30/09 I received a check from Bristol community organization for back rent for these … read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x