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I have been renting a house in Arizona for 3+ years and recently I received a notice in the mail from the mortgage company that the landlord has not been paying and there is an auction date set on the home. In discussing with the landlord he said that he is trying to renegotiate his loan for a lower payment. Turns out what he's actually doing is going through a short sale process. Meaning that I'm now subject to opening the home that I live in and exposing all my possessions to random strangers. Not something I am comfortable with especially considering I've always paid my rent on time. The current lease that I signed is good through the end of 2011, however he's obviously not expecting to honor his part of it, and I'm wondering if I am obligated to stay through the short sale or if his defaulting on the mortgage is considred a breach of contract and if its something that allows me to get out of the lease? Any help would be appreciated. Also some other points that might help, this was for sure an arms length transaction, I'm in no way related to the land lord.
No, selling his property in no way breaches your contract. It does not allow you to get out of the lease, the lease is sold along with the house. Your lease should not be effected by the sale. If it is foreclosed you continue renting from the bank for 3 months, however, the bank will allow you to move earlier.
I can't give you any legal advice on this matter, but I have been through the same situation and I will tell you that you need to be very aware of this situation. I rented a house in Baltimore and started get letters saying the house was going to foreclose and so on and so forth for a month or so. I contacted the landlord and he told me that he was in the negotiation process with the bank and that my lease would not be affected. I continued to live there and abide by the terms of my lease until I got a letter from the bank addressed to me that said the house was being foreclosed on and not to continue paying my rent because after October 31st I was no longer allowed to live there and I was not going to be entitled to a refund for any rent paid after the 31st. I talked to my landlord and again he told me that I wasn't going to get kicked out and to keep paying my rent. A week later I got the same letter from the bank again saying I should be trying to move out. I didn't trust my landlord so I moved out and sure enough the house foreclosed 3 days later. I don't know whether or not the bank would have allowed me to rent from them, but judging by the warnings they sent I don't think they would have. Anyway, this is by no means a substitute for real legal advice. It's just an account of what happened to me. I would see if there is anyway you can get in contact with the bank sending the letters. If they've only sent 1 so far then you are probably a little while away from the actual foreclosure. If I remember correctly when this happened to me it started with one and then the letters became more and more frequent as it got closer to the foreclosure date. I just wouldn't trust your landlord in this situation. If you're paying your rent then he should be using it to pay the mortgage so to me that is shady.
No, no, and no. In most states, the lease transfers with the sale of the home. You can contact the owner and the real estate agent and tell them that you are willing to do a cash for keys deal where you move out in exchange for X amount of dollars, that way they don't have to deal with your lease. His defaulting on the mortgage and selling the home has no bearing on your lease agreement. It stands. In fact, should you stop paying rent and move out, he can sue you for back rent and get you in all kinds of legal ways that can crew with your credit and your record. You have no grounds to deny access to potential buyers. Dunwoody law: states that when reasonable, the landlord must give you 2 days notice before he or his agents enter. As long as he does so, you have no right to refuse access. If you are worried about exposed possessions, take all your valuables and put them in a safe, locked box, or move them to a safe location.
You may have the right to stay in the home for a full 6 months from the date you were notified the home is in foreclosure. Google: Tennat Rights Under Foreclosure. Hud: is a free legal website around for over 10 years. Law .com has info (but dont trust it - enter at your own risk)
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