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I would tell you to kiss that money goodbye. If the landlord is that delinquent on the taxes your deposit has likely been spent. That happens more often than investment real estate people want to admit.
It's even done by those who generally follow most other laws for rentals.
You can count on it taking awhile. I think you have to be given til the end of the lease, unless the new owner wants to live in the property, in which case you still have 90 days.
It is definitely legal to put a tenant in, since the owner is still the owner.
Tax foreclosure in my state is a completely different process from a bank foreclosure. The county will foreclose, which I believe is still a 4 month process, then sit on the property for 6 months (I believe that is the redemption period) before auctioning them off to the public. So it could take as much as a year before the house is actually owned by a new third party who might look to evict.
Also, in my area, and in most from what I understand, the owner doesn't have to bring the taxes current to avoid foreclosure. Only get one year less in arrears. So if they owe 2012, 2013 and 2014 (in my area, 2015 isn't due yet), then all they have to pay to avoid foreclosure for now, is 2012 plus associated late fees and penalties.
It is definitely legal to put a tenant in, since the owner is still the owner.
Tax foreclosure in my state is a completely different process from a bank foreclosure. The county will foreclose, which I believe is still a 4 month process, then sit on the property for 6 months (I believe that is the redemption period) before auctioning them off to the public. So it could take as much as a year before the house is actually owned by a new third party who might look to evict.
Also, in my area, and in most from what I understand, the owner doesn't have to bring the taxes current to avoid foreclosure. Only get one year less in arrears. So if they owe 2012, 2013 and 2014 (in my area, 2015 isn't due yet), then all they have to pay to avoid foreclosure for now, is 2012 plus associated late fees and penalties.
I would add that most courts, after the foreclosure and during the auction/sale, will give the tenant a reduced rent to allow for showings and having to move once the property is sold. We had this happen to us and it was actually a great deal even given the constant stream of showings.
OK. I'm going to assume that your monthly rent is $1800. Your security of $2600 is currently at risk of not being returned to you. The foreclosure is in the pipeline but whenever they finally repossess the house is something only they would know. It could be 1 month from now or it could be 1 year from now. I would just stay there. Until you get some sort of eviction notice.
I have looked on the county tax site, the owner now owes 10,000+ in back taxes. *He owes this year and prior years*
They have a law firm that from what I see, *example* someone owed money, the county got a judgement in June and the house is up for auction this month (October).
Now a new situation has come up, again with the Constable showing up at the door, The owner of the house is wanted by the police, They served a "You have x amount of time to turn yourself in" letter.
Its to the point where it is very uncomfortable to even come home, since we dont know what we are coming home to.
You're not getting your deposit back. Your landlord sounds like a criminal and without the house as an actual asset he has nothing to lose now. I would squat in the house 1 month to offset the deposit he took from you and plan on moving out either at the end of November or end of December.
Don't worry about the cops putting warrant notices on the door. They probably know he doesn't live there. If you really feel like your life is in danger though then move, your life is more important than money.
I just got off the phone with the constable about the notice
I told them he does not live here and gave the name of the management company since they have his actual information.
When I called the management company they demanded the letter and the one about the taxes.
I called the constable back, and asked what we should do with the papers, and was told not to give the management company the papers because they are not addressed to them. Passing them on would be an offence on our part. I was told to send them directly to the owner. (we dont dont have his info, although as I stated to the management company, this info was suppose to be given to us when we signed the lease)
I also called each of the numbers on the papers which told me the same thing, that a legal document can not be handed over to someone it is not addressed to.
Both have him down as this is a bad address for him.
We are not in any violation by having these papers since they were served at our property.
This is a nightmare all together.
I have also called the apartment association for other issues, and let the management company know ive called them, to which they are NOT happy about.
As far as not paying rent, While I feel the same way, It is not in our best interest to withhold rent. If we were to do that, we could be evicted for non paying, then we would have to pay even more money as the lease to the house has a clause in it about evictions and abandoning the property.
I am trying to do things the right way, and July cant get here soon enough.
Ask the property management company for your security deposit back as they may actually be holding onto it. Tell them you want to move immediately and see if they'll agree to it. It can be argued that the landlord is breaching contract since he is about to be foreclosed on.
If they don't agree to return your deposit but tell you that you are not bound by the lease agreement anymore, would that be an acceptable solution for you?
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