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I moved into an apartment looking for stability and somewhere that I could make home for awhile. I signed a year lease and paid 3 months up front. I just learned that the landlord/owner did not disclose the property is in foreclosure and scheduled for auction next month (a month after I moved in).
Is it possible for me to break the lease and move since he didn't disclose that information? It makes me feel insecure about my living situation. I would never have moved into this apartment or signed a year lease if I knew it might be sold a month later (the new owner is allowed to give me notice to leave).
On top of all of this, the asbestos ceiling tiles keep falling down and it's been two weeks and he hasn't been proactive in repairing them.
I just want to break my lease and move! Do you have legal rights to do so?
No, you can't break your lease due to the property being in foreclosure. The new owner has to honor the lease, unless the new owner wants to move into the rental. Then, they have to give you 90 days notice, though.
Sometimes a new owner will offer you cash for keys - pay you to move out.
If repairs aren't done, that are required to make the place habitable, then you can normally break your lease due to the unit not being habitable.
I understand that I can't normally break a lease is the unit comes under foreclosure.
But it was already in foreclosure and I never would have signed the lease if I was given that information. I feel like I was trapped and lied to. Also I gave him 3 months rent and my landlord doesn't even know if he will own the property in one month but he took the money anyway.
How is it legal to have a tenant sign a year lease when your property is scheduled for sale for a month later?
I don't want to have to deal with a new owner giving me notice and that's why I wouldn't have signed the lease. There must be a law where you have to disclose information of that nature. I am not able to buy furniture right now because I'm not sure if I should be saving for first/last months rent deposit on a new place.
I am living in an empty apartment wondering what's going to happen because the landlord didn't want to tell me the property was in foreclosure when I signed the lease because he knew I wouldn't go through with it.
How is it legal to have a tenant sign a year lease when your property is scheduled for sale for a month later?
The lease is assigned to the new owner. The new owner gets the property along with you and your lease. Totally legal.
Like banks selling student loans over and over again. You still owe the money, contract is still valid, but the owner of the contract changes.
As far as worrying about getting notice from the new owner. Worst case scenario, is you have to move out in 90 days, because the new owner wants to move in. Best case scenario, they don't want to wait 90 days to move in, and pay you off to terminate the lease.
And it's entirely possible that the new owner will hope you stay and rent the unit forever.
So how long do I have to wait for him to fix the asbestos ceiling tiles that keep falling down? Is there a time limit? Can I break the lease if they aren't fixed by that time? Or are ceiling tiles literally falling on my head not considered in the list of "habitable living"
Is it possible for me to break the lease and move since he didn't disclose that information?
Maybe, but since you didn't mention what state you are in, maybe isi the best you can get. Many states have closed the loophole in the federal law by making it a violation of state law to fail to disclose any material fact such as a pending or current forclosure.
Quote:
Originally Posted by Newsea90
On top of all of this, the asbestos ceiling tiles keep falling down and it's been two weeks and he hasn't been proactive in repairing them.
If you are sure it's asbestos and it's in a condition considered hazardous to health, send your current landlord a certified letter return receipt requested demanding an inspection within 24 hours. If you get no response within 24 hours of signing for the document, contact the state agency that regulated and oversea asbestos hazards for guidance. You may have to pay for an asbestos inspection and if hazardous, go to court and have a judge release you from the lease and provide appropriate compensation for the situation from your landlord.
You're protected. Washington State has not yet passed a state law providing protections to tenants who sign leases post forclosure. Seattle does have a "Just Cause" provision in municipal law that requires all eviction to be for cause. That means you can only be forced to leave if you violated the terms of your lease. The new owners can ask you if you would leave but if you say no, they would have to evict and the courts do not recognize a forclosure as "just cause". Look up Seattle Municipal Code 22.206.160.
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