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Old 10-01-2010, 01:07 PM
 
5 posts, read 13,855 times
Reputation: 11

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we reside in a 2 family home, for which we rent out the 1st floor and the landlord resides on the 2nd floor. it has come to our attention, that the home is now in foreclosure. the first thing that crossed our minds is, we have just resigned a one yr lease, feb of this yr (2010). the landlord never gave us a copy. nor did he provide any receipts for all of the rent that he had been recieving in cash for the rent. when our rent was due for sept., we approached him and asked for receipts for all the rent he receieved in cash, and also a copy of the lease.
myself being a woman, home alone, as my husband was out at the time- the landlord approaches me with the lease, yelling at me stating it's none of our business the home is in foreclosure! he also states to me to take my next two month's of rent and take that as my security deposit being refunded back to us and get out!
1.) my lease doesn't expire till jan. 31, 2011. 2.) can he do this, is me asking for my lease and receipts, just cause for him to throw us out? 3.) if he is terminating our lease early, shouldn't he write it in the lease (which he has not done) 4.) my security deposit was supposed to be put in escrow, is this legal for him to not put it in escrow and tell me to take my next two months rent as it being refunded back to us? and 5.) do i pay him the rent???
we are not refusing to pay him the rent, that is not an issue with us at all.
the reason we asked him for those things was to be prepared for if his bank approaches us with an eviction paperwork. our landlord has informed my husband, the bank doesn't even know we're here!

we are confused and need advice with this situation, we have an autistic child and i would like to at least not worry about moving till the end of the school yr.
what do we do/what can we do???
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Old 10-01-2010, 02:15 PM
 
Location: West End-Hartford
625 posts, read 2,040,815 times
Reputation: 377
Contact an attorney ASAP.
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Old 10-01-2010, 02:56 PM
 
4,787 posts, read 11,692,734 times
Reputation: 12757
You are in world of trouble. You need to figure out the status of the property. The moment the lender takes possession any leases, agreements, etc. you have with the landlord are done with. The lender will want you gone as soon as possible. The may do what is know as " cash for keys". In other words, they may offer you some money to get out in three days. Or they may give you 30-60-90 days to vacate. You will not get more than 90, usually it is 30-60. The lender can and will evict you. As soon as the lender forecloses and actually takes possession, you then have no right to be on the property. They will have an eviction notice out to you quickly. It's a terrible way business is done, but it is what it is. If I were you, I would start looking for a new place to live. And in the future, if you are going to pay with cash, get a signed, paid receipt immediately.
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Old 10-02-2010, 05:50 PM
 
5 posts, read 13,855 times
Reputation: 11
the status of the property is pre foreclosure and from what the housing court has told us the bank cannot evict us until the end of our lease (jan 31, 2010). in the meantime while we are still here, until the bank takes ownership, we were told we still have to pay the landlord rent according to state law.
he wants us to renew the lease. my husband and i at this point have not made any decisions......
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Old 10-02-2010, 05:54 PM
 
5 posts, read 13,855 times
Reputation: 11
alo we found out that bc my son has special needs and recieves special education and winter months with him being under 18, i can fight any evictions to the end of the school yr. although, my landlord has asked us to renew our current lease for another yr. but with the bank owning it, we are unsure still.
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Old 10-04-2010, 01:36 PM
 
16 posts, read 37,580 times
Reputation: 11
If you have a signed lease good until Feb 2011, you can stay until evicted. The landlord cannot evict you for any reasons you cited above.

Paying cash for rent is a big problem. You should pay by check at all times. If the landlord is accepting rent in cash, there is a good chance he is not reporting it to the IRS. That is not your problem, but it is one more creditor to go after him, and indirectly cause problems for you.

I'm not sure about security deposits going to escrow, but it wouldn't matter in a foreclosure and possible bankruptcy - all of the creditors will get in line for a shot at it.

You are correct that you should continue to pay rent to the landlord (and by check!).

The autistic child may be a small saving grace in allowing you to stay put, but I don't know Connecticut law and how it works with evictions and change of ownership.
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Old 10-05-2010, 01:19 PM
 
Location: Milford, CT
327 posts, read 1,114,906 times
Reputation: 214
As long as you are paying rent to the owner of the house (either person or Lender), they can't evict you until the lease is up. Must be paid by midnight on the ninth day after the day it is due.

Eviction can only be based on the following grounds:
Nonpayment of rent;
Lapse of time (expiration of lease); or,
Nuisance.

Having a special needs kid only lengthens the time to evict. So instead of 30-60days you may have 90days.
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