Q: If a house was sold in January due to a foreclosure is the current landlord entitled to rent after January?
I am a tenant of a property that the landlord stated was going into foreclosure. The landlord vacated the property as of November 1st 2018 and at the same time my lease also ended. I continued to pay rent and she still collected payment from Section 8 Housing Authority as well. I put in for a transfer because the property was in need of repairs and the landlord stated the property can go up for auction any day.
The housing authority asked for current court documents which the landlord stated she didn't have and the terms of the agreement between the bank and her were private. All the landlord did was write a letter stating I had to move.
Yesterday, I received a document stating Pursuant to a judgment of Foreclosure and sale duly dated 1/4/19 and entered 1/8/19, I the undersigned referee, will sell at public auction at the kings county supreme court, 360 Adams street, Brooklyn, NY on May 09, 2019 at 2:30 pm premises known as *** Madison street, Brooklyn , NY 11221.
A: According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from the property until the auction unless a receiver or other type of order impacting rent collections had been entered.
Derek John Soltis agrees with this answer
A:
Until the house is actually auctioned the old landlord is entitled to rent. Once the house is sold, then whoever buys the house will become your new landlord.
At that point, you will be a month-to-month tenant with them until you are offered a new lease or something else occurs.
The bank may also buy the property back at auction and you could end up in landlord limbo until the bank either sells the property or asks you for rent.
Just remember you have rights. Don't let anyone push you around, and call an attorney if you have questions.
A: Yes, until the foreclosure auction actually takes place.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
