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Old 10-16-2008, 08:32 AM
 
Location: Port St. Lucie, Fla
4,257 posts, read 6,792,374 times
Reputation: 1715

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Quote:
Originally Posted by Lilybeans View Post
If there is a foreclosure, tenants need to answer the complaint to protect their rights.
How do they do that? I personally have not seen the papers they get.
I do know a number of them have called the banks and gotten the response- you aren't the owner so we can't talk to you.

What "complaint" do the tenants get?
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Old 10-16-2008, 09:26 AM
 
Location: Pittsburgh, PA
1,303 posts, read 2,660,956 times
Reputation: 1131
Quote:
Originally Posted by FlaLadyB View Post
I AM HOPING AN ATTORNEY from our area WILL ANSWER THESE QUESTIONS- that was the reason for my post in the first place.
It seems like the tenant has no rights at all in a foreclosure even though they will never see their last months rent or security money.
My attorney constructed the lease that I use to protect my interests as a landlord, not my tenants. If my tenants wrote the leases, I am certain that they would look significantly different. The rights of a tenant are limited to what is granted to him/her within the terms of the contract (lease). Bottom line: You signed it; you MUST abide by it. Sorry, but any attorney will tell you that these are the simple basics of contract law.
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Old 10-16-2008, 11:47 AM
 
Location: Pittsburgh, PA
1,303 posts, read 2,660,956 times
Reputation: 1131
Quote:
Originally Posted by floridasandy View Post
how is a house in foreclosure a habitable property? the shelter itself is not even guaranteed.

how is a house in foreclosure a habitable property? the shelter itself is not guaranteed.

how is a house in foreclosure a habitatable property?
The lease (binding contract) that you signed says that it is habitable, and you agreed to it ! If it specified in the lease that your deposit will be refunded in the event of my foreclosure, the landlord is required to refund that deposit. If not, you would have no standing if this would be litigated. If you opted not to pay your monthly rent because you feared losing your deposit, I would, as a landlord, have every right to file eviction procedures against you (and I would) within days of your nonpayment. This could, in turn, become a very expensive proposition for you, and your security deposit would be most definitely be affected.

You may have the grounds to prove that the landlord may not have fulfilled the terms of the contract, but you would be dabbling into contract law (the interpretation of lawyers). As I see it, you can wait and hope, stop paying the rent (and face the costs of a lawsuit almost certainly being filed against you) or file a lawsuit yourself. Regardless, there are seldom extenuating circumstances that will nullify contract law.
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Old 10-16-2008, 01:21 PM
 
960 posts, read 1,350,120 times
Reputation: 409
FlaLadyB, I applaud your care for renters.
Unfortunately, I think you will have to go to a free legal council blog to ask a lawyer what the real legalities are of this issue.

You will get responses here, ranging from landlords with the "put up or shut up" mentality, or you will get the renters voicing their own victimization by these unscrupulous landlords.

In the future, if you are in the business of renting homes to people, is it possible when you are hired by landlords to rent their properties, that you do a financial background check on them? Could you issue terms of service, which could include some sort of protection for the renters?

Maybe renters these days need to have the landlords sign a legal contract. One that states the lease is null and void if the home has gone into foreclosure, a certain amount of days to vacate the home and the security deposited must be refunded within a certain amount of time.

There are too many fly by night landlords who never should be landlords. It is a responsibility few should be trusted to do right.

I hope your clients find decent rental housing very soon.

Last edited by Carbondated; 10-16-2008 at 01:34 PM..
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Old 10-16-2008, 03:30 PM
 
2,143 posts, read 7,175,770 times
Reputation: 1138
Quote:
Originally Posted by Carbondated View Post
FlaLadyB, I applaud your care for renters.
Unfortunately, I think you will have to go to a free legal council blog to ask a lawyer what the real legalities are of this issue.
I'm a lawyer.
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Old 10-16-2008, 03:31 PM
 
2,143 posts, read 7,175,770 times
Reputation: 1138
Quote:
Originally Posted by FlaLadyB View Post
How do they do that? I personally have not seen the papers they get.
I do know a number of them have called the banks and gotten the response- you aren't the owner so we can't talk to you.

What "complaint" do the tenants get?
Tenants should get the same foreclosure parers the owners are served with, naming "unknown tenants"as a party. Most of the time, unless they see their name on the paperwork, they just ignore it.
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Old 10-16-2008, 03:52 PM
 
1,080 posts, read 4,157,347 times
Reputation: 598
Default Dismissal of Defendants

My sister-in-law just got papers with "dismissal of defendants" the landlords name on it plus hers as tenant.....does she need to reply? No court date yet.

This is all new to me.....so I don't have the answers.
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Old 10-16-2008, 03:53 PM
 
960 posts, read 1,350,120 times
Reputation: 409
Quote:
Originally Posted by Lilybeans View Post
Tenants should get the same foreclosure parers the owners are served with, naming "unknown tenants"as a party. Most of the time, unless they see their name on the paperwork, they just ignore it.
I was not aware that you are a lawyer Lilybeans. My sister is also, and she works 60 hrs or more a week, so I didn't think a lawyer would be on this kind of website. That's what you get for jumping to conclusions.

Since you are a legal professional, is there a law that says that tenants have to be served?
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Old 10-16-2008, 05:09 PM
 
2,143 posts, read 7,175,770 times
Reputation: 1138
Quote:
Originally Posted by Carbondated View Post
I was not aware that you are a lawyer Lilybeans. My sister is also, and she works 60 hrs or more a week, so I didn't think a lawyer would be on this kind of website. That's what you get for jumping to conclusions.

Since you are a legal professional, is there a law that says that tenants have to be served?
There's no law, as far as I know, that requires anyone to be served, but if a person is not served, their interest in the property is not affected.
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Old 10-16-2008, 05:16 PM
 
12,870 posts, read 13,091,278 times
Reputation: 4453
Quote:
Originally Posted by Retiredcoach View Post
The lease (binding contract) that you signed says that it is habitable, and you agreed to it ! If it specified in the lease that your deposit will be refunded in the event of my foreclosure, the landlord is required to refund that deposit. If not, you would have no standing if this would be litigated. If you opted not to pay your monthly rent because you feared losing your deposit, I would, as a landlord, have every right to file eviction procedures against you (and I would) within days of your nonpayment. This could, in turn, become a very expensive proposition for you, and your security deposit would be most definitely be affected.

You may have the grounds to prove that the landlord may not have fulfilled the terms of the contract, but you would be dabbling into contract law (the interpretation of lawyers). As I see it, you can wait and hope, stop paying the rent (and face the costs of a lawsuit almost certainly being filed against you) or file a lawsuit yourself. Regardless, there are seldom extenuating circumstances that will nullify contract law.
i am a landlord not a tenant! i am just commenting on a post about what i think is an unfair practice of landlords renting when they are either in foreclosure or going to be in foreclosure. they have no right to rent when they are going into foreclosure since they are not paying their own bills!
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