How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask barristerinky Your Own Question
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37084
Experience:  Attorney over 16 years, landlord 26 years
19958803
Type Your Landlord-Tenant Question Here...
barristerinky is online now
A new question is answered every 9 seconds

Can a landlord legally collect rent if the property was

Customer Question

Can a landlord legally collect rent if the property was damaged and he did not fix it and also the house was foreclosed
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Alabama
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: A tree fell on the home in May I paid June rent , still being current I also made a partial July payment after I seen that the landlord had no intention of fixing the property no payment for August or Sept and got a letter from the Mortgage company letting the tenant know the house was foreclosed now the landlord wants rent for August and Sept and remainder of July by the way I moved out in Sept
JA: Anything else you want the lawyer to know before I connect you?
Customer: Also I found out the landlord did not have a landlord license for the City of Northport which is where the property was located
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 10 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.

.

Has the house actually been sold at foreclosure auction?

.

If so, when was it sold?

.

Was the house so damaged as to be uninhabitable?

.

.

thanks

Barrister

Customer: replied 10 months ago.
house sold in Foreclosure earlier this year this actually happened last year and there was a big hole in the middle of the roof so Statefarm my renters insurance paid for me to move my stuff into a storage however I was out of pocket deposits and other things like missed work because he had me meeting contractors knowing the house would not be fixed
Expert:  barristerinky replied 10 months ago.

Ok, then the day the house sold, the old owner is no longer the owner and has zero legal right to collect any more rent.

.

And if the house was uninhabitable, which it sounds like it was, then from the point it was damaged, you would be entitled to a substantial reduction in rent if you stayed, or he would have had to put you up in a hotel at his expense until repairs were made so you could move back in.

.

So whatever date the house was sold is the last day you owe the old owner any rent.. If you have paid him rent after that, you can actually sue him for it back as well as for any out of pocket damages in small claims court due to him not taking action to repair the property so as to make it habitable.

.

The fact he didn't have a permit would be between him and the city, but wouldn't affect your lease contract.

.

.

thanks

Barrister