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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27591
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I'm currently renting a house. I signed a contract through

Customer Question

I'm currently renting a house. I signed a contract through a company. I paid thr first six months up front. I did not know the house was in foreclosure when we moved in. I found out through mail that this house was going up for sale two months after we moved in. and then notes on the front door.I contacted the restate agent and he said don't worry he would get to the bottom of it. Well him and the home owner are friends he claims he knew nothing. Well i was late by two days with my payment due to there website. The homeowner was coming by during my working hours talking to my minor child and neighbors about this. well now she moved my rent amount up and "served" me with papers saying I have to pay up front for the next six months or we have to get out. Can she do that? Doesn't that have to come through the company not the homeowner.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. Just to be clear, this was for a year lease or do you rent month to month? Also, she is trying to increase the rental amount now, without any notice? Also, is this your first dealings with the owner and did she tell you the company is no longer acting on her behalf?
Customer: replied 2 years ago.
No we signed a two year lease. No This is not my first time dealing with her. I got the keys from her. I try to deal with the company and she then text me my questions and tells me she needs to be kept in the loop. No my understanding the company realtyconnect is still involved. Thats where we do our online payments to.Yes no notice on moving payment up. I run a business out of this home .No the paper is from her and her only
Expert:  RealEstateAnswer replied 2 years ago.
Thank you for the additional information. There are a few issues here. The first, is that if you have a signed lease agreement and the owner either knew the home was in foreclosure or allowed it to go into foreclosure, she would be in violation of the lease agreement and you could have a basis to break the lease if she does not cure the default, vacate and sue her for damages. Moreover, she can not simply raise the rent on you unless the lease allows it and can not demand another 6 months up front, unless the lease allows it as well. It is important to remember that the terms and conditions in the lease are going to control and can not just be changed. If she tries to do this, you could have a defense if she tries to evict you. If there was a violation of the lease, on your end, she would have to give you a notice to cure the problem, before evicting you and she can not simply change the lease unless it allows for it, with proper notice. If the home is in foreclosure, it appears to me she wants the rent up front now to pocket and use for other things, out of fear she may get foreclosed on and lose the home.
Customer: replied 2 years ago.
She cleared the foreclosure with our upfront payment. It took three months. Wouldn't the company have to evict me or up my rent. she served papers today 60days or pay upfront for another six months.Can the homeowner do that? how do i respond?
Expert:  RealEstateAnswer replied 2 years ago.
Typically, the management company would but you need to speak with them and her and see the scope of their representation. Moreover, you want to review your lease agreement and see if it allows for said demand ( i.e. 6 months up front) or else her demand may not have any legal effect. The purpose behind a lease is to lock in a set amount of time to rent or the cost of rent and for her to just demand 6 months up front, without any language in the lease that allows it, would not likely be valid.
Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 2 years ago.
so review my lease. contact management company. should i hire a local company i would really like to stay here. we were going to buy at the end of our lease
Expert:  RealEstateAnswer replied 2 years ago.
Hire a company for what? Can you please clarify?
Expert:  RealEstateAnswer replied 2 years ago.
Are you still with me?