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My landlord just got foreclosed on and I have received a…

My landlord just got...

My landlord just got foreclosed on and I have received a notice. What are my legal rights we still have a lease?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

VA

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The lease was signed in executed October 2017 until May 2019. We yes we have had water leaking into the house and I got a handy man to come patch things. Landlord isn’t great on maintenance on the home.

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

I asked the Bank to buy the home but the listing agent isn’t really telling the bank that I’m guess. My landlord stated he is doing a bankruptcy chapter 11

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Answered in 6 minutes by:
3/19/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,380
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

The answer to your question is that your lease survives the foreclosure. Basically, if your landlord has not paid the mortgage and the bank wants to foreclose on the property, you may have the right to stay for the rest of your lease. So, you have the right to stay until May 2019. You'll be provided notice of the new owner and they are responsible for ensuring that you are having your maintenance cared for.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
Ok how would I know if I can stay for sure until my lease is up. I just got to very different notice as of today. Or for a GA attorney office saying they are going to evict me and another from a property management saying that I may have rights.
So I’m here trying to confirm if I need to go or can I stay?

Did they cite any legal authority in their letter at all?

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Customer reply replied 1 month ago
No it’s the start of it sounds like

Ok, let me verify for you real quick...

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Customer reply replied 1 month ago
Ok thank you

Ok, I did some more digging because I had a feeling they wouldn't send that letter unless something significant changed. It turns out that I was right. I need to walk back my original statements. This is only because the change in the law as recent as July 2017.

Under the VA code, landlords can now simply terminate any existing lease with 30 days’ notice, regardless of the length of the lease term. Previously, a federal law was enacted for years that allowed tenants to stay under the Protecting Tenants at Foreclosure Act; however, that law expired just this past summer. This means that so long as they provide you with at least 30 days written notice, then you'll have to leave the premises.

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There is one upside to this situation though. the law generally prohibits landlords from physically removing tenants from the property or forcing tenants off the property by shutting off their lights, water, gas, or changing the locks. These are called “self-help” evictions and if a landlord engages in them, the landlord could be liable to the tenant for money damages.

If there is a tenant who has been evicted with proper written notice (e.g. 3-day or 30-day notice), but they do not leave the property, then they are considered a holdover tenant. The landlord of a holdover tenant must go through certain procedures before a tenant can be physically removed from the property. What this means is that the landlord must go to the courts in the county where the property is to get the court’s permission to have the person removed from the property.

The process for this can take months and you even have a chance to raise defenses to their eviction as well.

I'm very sorry. What other questions did you have for me about this today?

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Customer reply replied 1 month ago
Ok that is what I wanted to know. Thank you

The pleasure is all mine. I'm extremely sorry for the confusion. I should have kept up with the changes to the law. Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,380
Experience: Licensed to practice before state and federal court
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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.

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