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The townhouse that Im renting went into foreclosure in December…

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The townhouse that I’m renting...
The townhouse that I’m renting went into foreclosure in December of 2009.
I did not find out about the foreclosure until I received the foreclosure notice on February 6th of 2010.
I also found out, that my landlord signed over the townhouse to the property management company via a Quit-Claim Deed on December 22nd of 2009. But she continued to collect rent until March of 2010.
I had been contacting my landlord about a leak since August of 2009, which she said she would fix, but never did.
I contacted the law firm representing the Bank, and was told I had 30 days after the auction date to move out. I was also told by the law firm that I didn’t have to do anything until then.
I received a letter from a law firm, representing the property management company, which stated that, the property management company owned the townhouse via a Quit-Claim Deed, and that I would be evicted, unless I entered into a month-to-month rental agreement. I replied to the letter and explained that I was unaware that that Property management company owned the townhouse. I also explained that the townhouse was scheduled to be auctioned on 07/22/2010. I was then given less than 5 days to pay $1000.00 for the month of June, to the property management company or I would be evicted.
My landlord collected rent from me for the 3 months that she no longer owned the townhouse, and never made repairs. Do I have any recourse?
Submitted: 8 years ago.Category: Legal
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Answered in 1 minute by:
6/17/2010
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question.

Were you in essence forced to pay twice? Did the landlord collect for June which you then also had to pay for again?
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Customer reply replied 8 years ago
I have not paid any any rent after March of 2010. This was when my lease ended with the previous landlord. I was just informed last week, that the management company nows owns the townhouse. I don't understand why they did not contact me back in December of 09. They own the townhouse, while my landlord collected rent, and repairs were not and have not been made.
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
Oh I see.

Well in this case the management company now is perfectly willing and able to collect rent, as you do have to pay them for residing on the premises. At the same time you can then now request that they repair and replace the defects on the property, as now they do have an obligation to make sure that you reside in a property that is maintained up to code.

When you were not paying, the landlord or the company had no duty to you to affect repairs. Once you begin paying, then they become obligated to maintain the premises for you.

Hope that helps and good luck.

Edited by Dimitry Alexander Kaplun on 6/17/2010 at 4:00 AM EST
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Customer reply replied 8 years ago

 

I paid rent from January through March; the management company owned the townhouse during this time and did not make repairs.

Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
That I understand. However you have been on the premises from March until now--you cannot simply withhold rent and request that they repair something when you have been living on the premises without payment.

Back in January they have not yet received your funds, and since you paid the landlord who no longer owned the premises, it still did not grant them the obligation to repair--only once you start paying them directly can they then have to repair the premises. Whether or not you were unaware or not is irrelevant--since you did not pay them directly, they had no duty to repair.

Good luck.

Edited by Dimitry Alexander Kaplun on 6/17/2010 at 4:10 AM EST
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Customer reply replied 8 years ago
Relist: Answer quality.
I need a lawyer who knows Florida restate/tenant law/rights
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
I see you relisted my answer. Please be assured that I have provided you with Florida based answers, and not answers based on my state of certification. However that law is similar from state to state--no landlord is responsible to you for maintaining your property if you are not directly paying rent to him.

Good luck.

Edited by Dimitry Alexander Kaplun on 6/17/2010 at 5:13 AM EST
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Customer reply replied 8 years ago
Relist: Answer quality.
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