Tenants rights on preforeclosure
Submitted by jnprolle on Fri, 08/15/2008 - 11:04pm.
I would like to know my rights as a tenant. My landlord has been avoiding in speaking to me. I am concerned because I signed two certified defaults notices on her 1st and 2nd mortgage. I spoke to the Public Records in the county in which the home I am renting is located. They told me that this property is also in default for taxes since last year. The amount is quite large. I recieved an e-mail from her today stating she will be entering this home on monday with her agent to take photos for the MLS. I am disappointed because she knows how my husband and I feel about people coming into the home to tour while we are renting. We even have a written document about this when we resigned an agreement to rent on a month to month since our year lease expired. I realize she has the option to put her home on the market, but if she would have told us in an advance we would have put a 30 day notice to vacate. We'd appreciate any advice as to what our rights are while we are paying rent. I honestly don't think she even has the $3k security deposit we put down. Should I even pay her rent? Do I still need to give her a 30 wirtten notice? Feeling frustrated. PLEASE reply soon, Thank you for your assistance.
Comments:
In many states there are very significant fines for failing to return a deposit, yet, if your landlord doesn't have the funds it may take you a long time to collect. Given that she now plans to show the property, the fact is that your rental is coming to an end and you should be proactive. I would likely contact her and try to renegotiate. Specifically I would ask that the $3000 deposit be put in trust with an attorney such that you can be assured that is available for return at the end. If she is unwilling to do this, then I think it would be reasonable to give 30 days notice and withhold rent (though this would likely put you in violation of your agreement).
Finally you should have the right to "quiet enjoyment" of the property. As such her ability to show the property is likely limited without your permission.
Post new comment