Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

Have lived/ leased in a home now for 6 1/2 yrs and recently…

Customer Question
Have lived/ leased in...

Have lived/ leased in a home now for 6 1/2 yrs and recently home was lost in a foreclosure sale/ not bought and it went back to Fannie Mae... almost 2 yrs ago I also started caring for my 89y-o aunt who is mostly bed ridden/ except bathroom & showers / oxygen ... have to move out because F-M wants to repair home & sell it... I tried to make offer but they say " no dice."...We live @ 4,700' elevation & was wanting to avoid moving Aunt out n snow/winter,... or at all. ( honestly I thought she would have passed on already but w/ the great care she receives she's still wakes up, albeit very slowly, late & sometime wet.) She is on hospice & the room we'v prepared for her w/ new carpet, wooden blinds, & family photos/ big screen is her world... is there a (snowball's chance...) that you could help keep us n the house until Aunt Sanda passes ?? or at least until the weather gets nicer or find a reasonably priced home near by... (My Mother who had a few strokes recently lives next door & I also help watch over her & maintain her home.) W/ the delayed surplus of homes that (the questionable) F-M deals with, I could imagine that this place could sit vacant for years. Sincerely ***** *****

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

Calif.

Lawyer's Assistant: Has any paperwork been filed?

Yes; paperwork

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

... all taxes, utilities etc. are paid up... stopped paying rent back n July when the Reality lady from Coldwell Banker said I didn't have to pay the rent anymore,.. tho I still have those funds put away & could pay them -

Submitted: 2 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 51 minutes by:
12/14/2017
Lawyer: Dwayne B., Attorney replied 2 months ago
Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 34,387
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own Landlord-Tenant Question
Lawyer: Dwayne B., Attorney replied 2 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

Ask Your Own Landlord-Tenant Question
Lawyer: Dwayne B., Attorney replied 2 months ago

The experts on this website aren't allowed and don't represent people who come to them via this website. It is part of the agreement we sign in order to be experts on here.

So if you are here thinking it is a place to hire an attorney, I'm going to have to disappoint you. However, if you need questions answered and want to know if a local lawyer would be able to "keep you in the house" either until the milder weather returns or until your aunt passes, then I can provide information on how they can likely do that.

Please let me know if you want me to continue.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
please, continue - -
Lawyer: Dwayne B., Attorney replied 2 months ago

First, often a bankruptcy will prevent a person from being evicted. Since your aunt is 89 and has this on her record, likely a bankruptcy wouldn't really cause her a great hardship. It really depends on how long you need and how far along the process is. A local lawyer will be able to give you timelimes based on your court and your judge.

There can also be some ways with the way FM forecloses on homes. It is not at all rare for them to mess up on the paperwork and do it incorrectly and then you can call them on it and they have to start the process all over doing it correctly. Back during the housing crash in 2007 or so we could often keep people in houses for an extra couple of years because they'd never do the paperwork right. The lawyer, possibly the same lawyer you talk to about the bankruptcy, could tell you whether that is a viable option but they would need to see all of the paperwork your aunt had received.

Those are the two methods that are most commonly used and most effective. It's possible that additional methods may reveal themselves when the lawyer starts looking through the papers, but these are the first two to examine and one usually works (if not both).

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
not sure where BK came into the conversation...
my Aunt came to live w/ me 21 months ago....
the previous owner just quit paying mortgage / loan when (I think) their payments went way up through originating lender, 'GMAC' ... went n2 foreclosure, not sold @ auction, reverted back to loan holder Fannie Mae... what would having my Aunt file bankruptcy (BK) do to help hold the house?? I
Do like the Fannie Mae filing of ill paperwork... They'v been known or being complicit & corrupt morons... The lawyer repping F-M is The Law Offices of Glenn H. Wechsler 1111Civic Dr. #210 Walnut Creek, Calif. 94596 Email:***@******.*** , tele.(###) ###-#### if this would help.
On or about Jan. 2nd, 18', a notice is to be put on the door showing a court date where I will go b4 a Judge to present my case ... should I bring her n2 court in wheelchair & Oxygen mask ? ( she has no idea that there is a housing problem.) She is quite 'Frail & Disabled.' ... (I'm told that when people of her stature are moved, that about 50% of them soon pass-away do-to having no reserves of energy left to deal w/ a stressful situstion as this...
Lawyer: Dwayne B., Attorney replied 2 months ago

I brought up bankruptcy because you were asking how to keep your aunt in the home. When you file bankruptcy the court issues an automatic "stay" against anyone evicting someone, trying to collect a bill, etc. It is a very, very fast and effective way to achieve your goals in a minimum of time.

I was referring to your Aunt filing bankruptcy but it could apply to anyone who was being forced out of the home where you/she are living.

As far as bringing your Aunt to court, you have to follow the doctor's advice on that. I am not knowledgeable enough about your Aunt's condition to even express an opinion, other than it is always better to have someone at court than to not have them there. However, if she files bankruptcy then that would stop that court date as well.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
O.K.... interesting,.. but she gets 1,450$ a month & has no debts.....how would that work? I'll check w/ the other roommate too see if he's got a $$ problem... I have no reason myself ... (but is it just the filing that would trigger the stay ?
Hold that thought - C
Lawyer: Dwayne B., Attorney replied 2 months ago

It is just the filing that would automatically trigger the stay. The fact that her house was being foreclosed on would likely count as enough to be able to file bankruptcy or else there could be a way to force the sale to you.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
It is't her home or mine,... I leased it from someone else - -
Lawyer: Dwayne B., Attorney replied 2 months ago

I understand that's where you're at now, a bankruptcy could still delay that eviction plus I thought you were indicating her house was being taken as well (even though she lives with you).

As I said, these are just delaying tactics, long term you'll have to leave but you may be able to delay long enough for the weather to get better, for her health to improve, etc. Also, the company preparing to evict may be willing to work out a renal agreement rather than mess with the bankruptcy.

You really don't have a lot of options, the things I described above are just the only ones of with the limited info I have. I think I also mentioned that the bankruptcy lawyer may be able to come up with some more, once he looks everything over.

Ask Your Own Landlord-Tenant Question
Lawyer: Dwayne B., Attorney replied 2 months ago

But every day that this is delayed it is less likely to work. If the bankruptcy attorney doesn't believe it will work for you they'll tell you.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own Landlord-Tenant Question
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 34,387
34,387 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. 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

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 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

1,278 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
I have a tenant in nj that is calling the realtor i have
I have a tenant in nj that is calling the realtor i have another apartment listed for rent and telling them Im garbage, they shouldnt work with me, that i pissed in thier dryer, im no good, and they s… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I feel like my landlord is harassing me, and it's to the
I feel like my landlord is harassing me, and it's to the point where I have anxiety. What are my rights in handling this properly … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If I'm subleasing a commercial space. Should I ask for first
If I'm subleasing a commercial space. Should I ask for first and last months rent? Or security deposit? I live in Washington state.… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,057 satisfied customers
Can you explain how first and last months rent works. I paid
Can you explain how first and last months rent works. I paid first and last month rent for a commercial space and my agreement states rent will start March 1st. Does first month rent I paid go towards… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
We have a son who has been caught with drugs twice in the
We have a son who has been caught with drugs twice in the past three months. Each time, charges were dropped or not filed. His 18th birthday is ***** approaching. What must we do to get him out of our… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A good friend of mine has been served with an eviction
A good friend of mine has been served with an eviction notice in Arizona (Maricopa County) With penalties etc he owes 1650 (rent is 1316)...this is for Feb rent He was laid off in early December and h… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I am breaking a lease due to the unruly people/noise that
I am breaking a lease due to the unruly people/noise that live above me. I have complained over 16 times since moving in less than a month ago. I've left messages on management's general mailbox with … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,570 satisfied customers
I live in Doraville, Georgia. I lease a commercial space for
I live in Doraville, Georgia. I lease a commercial space for my auto repair garage. The building that I am in also contains another auto repair garage and a small dry cleaning business. The rear of th… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
Another question while I have you. So I'm subleasing the
Thanks! Another question while I have you. So I'm subleasing the space and I'm asking for first and last month. They have asked for the move in date To be may 1st. Do I tell them first and last month … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My girlfriend and I are in an open case against our landlord
My girlfriend and I are in an open case against our landlord for failure to pay rent due to inhabitability. He ignored our letter and filed a Notice of Petition against us, 2 days before our lease sta… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,676 satisfied customers
We are living in an illegal apartment in southampton ny. Our
we are living in an illegal apartment in southampton ny … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My landlord barged into my home uninvited and I chewed her
Hello, my landlord barged into my home uninvited and I chewed her out. She later called me and I basically chewed her out again. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My tenant is behind on rent and some of my furniture is
My tenant is behind on rent and some of my furniture is missing, like my TV and freezer. also more people than on the lease is staying there. How do I get rid of them as soon as I can. … read more
Lori
Lori
Juris Doctor
589 satisfied customers
Im a renter who recently had a case of bed bugs in townhome.
im a renter who recently had a case of bed bugs in townhome. landlord stated that we were responsible for the bill to exterminate. however the bill was $1800. after searching for another company i was… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
My tenants agreed on move-out date was 1-31-18 they held
My tenants agreed on move-out date was 1-31-18 they held over until 2-6-18, I advised her to do so February's rent would be due but I would agree to receive half of February's amount due. The tenant t… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,676 satisfied customers
We were given a no cause eviction because there was a major
We were given a no cause eviction because there was a major leak in our roof that caused damage that makes the home unlivable. We are in a single family home so I think our landlord is exempt from the… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
We about to close on a home purchase (state of Maryland),
Good afternoon- we about to close on a home purchase (state of Maryland), forcing us to, unfortunately, break a lease on the townhouse we are renting. The wording of the exit clause is ambiguous, and … read more
Lori
Lori
Juris Doctor
589 satisfied customers
Can landord file a restraining order on a intimdating
Can landord file a restraining order on a intimdating tenant? … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 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