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I moved into my home on May 1, 2011. I pay 900 a month for rent and moving in I paid 900 dollars security. I received a pink notice on my front door to inform me the home was in foreclosure. Two days later I received a very large package with every detail to this home and informing me that the landlady has not paid anything to the bank on this home since 2009.
I insisted it was none of my business, the court appointed officer told me that it was my business since It is my money going to her, and she is not paying anything to the bank. I was told to immediately cease paying until further notice. I did not cease paying, I felt that since I lived in her home I should be paying no matter what the circumstances.
A few incidents occurred with the home and the landlady and I had to start making phone calls to the numbers provided to me. I spoke with the bank and the attorneys for the bank. They assured me that the home is still in foreclosure, the bank owns the home and to cease paying her any money. I was also told to call the bar association to find an attorney to help me retrieve the money she took off of me over the passed several months. I also called the NY State Banking Department and although they do not give names out when speaking to them, they stated that they cannot believe that this lady, (my landlady) has gotten away with this for so long. They stated that this is a case for an attorney and I need to speak with one soon. Yes my landlady is now very irate over my keeping December's rent from her, but I explained to her that the bank told me do not pay her. Today I received a letter she typed up for RENT DEMAND and said if I don't have all the rent paid to her by today that I will be evicted. The bank and their lawyers and The NY State Banking Department stated she cannot evict me legally since she is not the land owner currently, and I was also given a site to go to which I printed out tenants rights. I do feel horrible over this situation and I am not sure what to do. I have never been evicted before, I do not need anything against me on my public record, I am a long term renter/ not just a fly by night. The bank stated that IF she is refinanced she will be able to show me proof and thereafter I can continue as a tenant paying rent, and they stated IF she is not refinanced and a new owner takes over, they will have the option of renting to me or asking me to vacate, but I would either way be given 90 days.
Please Help!!!
I know you posted a couple of months ago, however, I want to let you know, a federal law was passed in 2009 that protects tenants who are victims of foreclosure when the landlord is not making the mortgage payments.
Having said that, if the bank has taken ownership of the property, then STOP PAYING THE OLD LANDLORD. SHE IS NO LONGER THE LANDLORD AND DOES NOT HAVE ANY RIGHT (OR ABILITY) TO EVICT YOU. SHE IS TRYING TO TRICK YOU INTO KEEP PAYING RENT.
If the bank wants to collect rent from you, then that is fine, pay them, Until then, STOP MAKING RENT PAYMENTS until it is determined exactly who your new landlord is.
Also, the bank cannot evict you either at this point. The new law protects you, to the extent that you are allowed to finish the lease contract period.
The only exception to this, is if the new owner (the bank) sells the unit to someone who intends to live there. If so, then you have to leave within 90 days.
Either way tho, you are entitled to get your security deposit back (less any damages).
I also heard (though not verified) that the bank may be liable for refunding the security deposit. But that will need to be researched, I do not know if it is accurate or not.
I also heard (though not verified) that the bank may be liable for refunding the security deposit. But that will need to be researched, I do not know if it is accurate or not.
Suing the landlady doesn't mean she would pay. The bank wouldn't be on the hook for the security deposit because she didn't pay it to them.
My husband and I were in a similar situation years ago. We received a registered letter from (then) Niagara Mohawk telling us our rent would be paid directly to them because the home owner was no longer paying the utilities (included in the rent).
Our landlord was more reasonable than the OP's. When we spoke to him he told us to follow the instructions that were sent in the registered letter.
When we moved out he did give us our deposit back which surprised us but he had put it in an interest bearing account.
I am in agreement with the posters who state the renter should be paying the landlady NOTHIN*** She can't evict the renter because she no longer owns the property.
Somewhere in that large packet should be proof that the bank owns the property. This would be used in case of an eviction notice.
The security deposit? Who knows at this point. Unfortunately the OP may need to hire a lawyer.
Last edited by kathybrj; 04-02-2012 at 04:28 AM..
Reason: spelling
I know in California you can take the previous landlord to small claims court. Once there is a change of ownership, you should stop paying the previsly landlord, they no longer own the property.
Cali has completely different laws than most states. What works there doesn't work elsewhere. The best advise is to contact an attorney. They would know what is going and can find out where a house stands legally.
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