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Marsha411JD
Marsha411JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 20232
Experience:  Licensed Attorney with 29 yrs. exp in Landlord Tenant issues
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My landlords house went into foreclosure. There has been

Customer Question

My landlords house went into foreclosure. There has been nothing in writing with who I pay rent to or if i am being evicted. I was verbally offered relocation assistence. I intend to stay on the property indefinitely.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Idaho.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I am a single father of 3 kids.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Lease is month to month from my grandfather, the owner.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for the information, can you tell me what your legal question is? Also, who is it that offered you a relocation package, your old landlord, a lender, or documented new owner? The foreclosure has been completed and you have been given a notice of a new owners name or is it just in the process now?

Customer: replied 10 months ago.
I want to know how long I can live in my house? What steps do bank owned homes take to evict me? I have heard I get 90 days, but no record of that in writing anywhere, nor when the 90day time period begins. Also heard that I can extend since my youngest child is under 6yo.
Expert:  Marsha411JD replied 10 months ago.

Thank you for your reply, however, I still need the answers to my other questions, which were: Also, who is it that offered you a relocation package, your old landlord, a lender, or documented new owner? The foreclosure has been completed and you have been given a notice of a new owners name or is it just in the process now?

Customer: replied 10 months ago.
It was supposed to be auctioned off Aug 23. A week later I got a notice that it was bank owned and given two options. 1. Rent it. Or 2. Take a relocation settlement. Seeking information on the two options has failed. I received a verbal quote of $2k if vacated by Sept 17. I received nothing in writing. I don't plan to take the relocation assistance since I'd prefer to stay at the property. Renting is what I'd like to do. But again I've received nothing in writing. A real estate agent is handling the property. Re/max.
Expert:  Marsha411JD replied 10 months ago.

Thank you for your response, that was helpful. To answer your questions first. Although there was temporarily a Federal law that required that tenants in foreclosed homes to be given at least 90 days to move from a property once a new owner took legal possession of the property, that law has now expired. Some states enacted a similar law after that Federal law expired. Idaho though is not one of those states. That means that there are no special protections under Idaho law for tenants in foreclosure situations. Therefore, the new owners are merely required to follow regular Idaho landlord tenant law. You can see the law in regards ***** ***** etc, by gong to the following link: http://www.ag.idaho.gov/publications/consumer/LandlordTenant.pdf

In essence, if you have a month to month tenancy, the landlord (or you) can terminate the tenancy with one month's written notice of termination. There need be no reason for the termination by either party. So, that means that the bank/owner can terminate any time, with the 30 days written notice, just like other landlords. Unless you can get them to enter into a longer lease, which is doubtful since they will be trying to sell the house again, you might consider taking the cash for keys they offered you if that offer is still open. That though is up to you.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you.

Customer: replied 10 months ago.
What if I had a years lease with the previous owner? Would that change anything? Wouldn't the bank want my rent?
Expert:  Marsha411JD replied 10 months ago.

If you had a one year written lease, then that is enforceable against the new owner/bank. In other words, they have to honor it as long as you are paying them rent. The bank will definitely want your rent as long as they own the property. My understanding from your initial post though was that you had a month to month lease. That is why I discussed the notice requirements for month to month. Sorry for the confusion.

Customer: replied 10 months ago.
The listing agent never gave me the information about renting the property. She called this morning wanting to know what my status was. I told her that I'm still waiting for the written options. I'll take it from here if there aren't any legal right options for me to stay in the house. Short or long term. Thx.
Expert:  Marsha411JD replied 10 months ago.

You're welcome. Again though, as long as you have a written lease, it is enforceable. Best to you.

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