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What is the tenants rights If a landlord no longer owns

Customer Question
What is the tenants...

What is the tenants rights If a landlord no longer owns property or hasn't made a payment on the property

Lawyer's Assistant: What steps have the landlord taken so far? Have they prepared or filed any paperwork?

No they haven't she was served paperwork 4 foreclosure and hasn't been in touch or reside at the property in almost 2 years and we weren't aware of any non payments until just a few weeks ago

Lawyer's Assistant: Where is the property located?

Rio Rancho New Mexico

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

I just want to know what our rights are as far as the tenants

Submitted: 21 days ago.Category: Real Estate Law
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Answered in 5 minutes by:
5/2/2018
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 21 days ago
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,160
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 20 days ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with over 30 years of experience; I hope to provide you information that will help you in resolving your question.

The tenant has the right to stay in the property until they are evicted. Lenders have no right to evict you untill they own the property. If the landlord is no longer the owner then the tenant should NOT be making payments to the landlord.

While the landlord owns the home you still owe them rent. BUT the landlord may be in breach of the lease agreement by causing the property to go into foreclosure.

In many instances the holder of the property (usually the bank) is not entitled to rent payments either because they do not have a lease agreement with you and the lease agreement is usually not assigned in the foreclosure. Still you can contact the bank that foreclosed to see about purchasing the property as a bank owned property.

Very often the tenant is able to stay as a "squatter" until the property is sold. At which point the new owner will go through the process of evicting the tenant.

In the meantime, the tenant has no one to turn to for problems with the property (plumbing, heat, a/c) and will not have much remedy for money they put out themselves for repairs.

BUT you still have basic rights. 1) Tenants must receive 90 days’ notice prior to being evicted and 2) Tenants must be allowed to stay in the property through the end of their lease.

Your best bet is to save your rent payments while you look for a new palce to live unless you can make a favorable deal with the holder to purchase the property.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 20 days ago

Lastly, at some point the landlord or the lender may offer you a cash bonus to leave the property. This is called "casdh for keys." It is much less expensive for the lender to buy you out rather than take you to court for eviction.

In any event should plan on finding a new place in the mid term.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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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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