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Do You Still Have to Pay Rent When Property is Foreclosing?
Am I still obligated to pay rent to my landlord if I’ve been notified that the foreclosure process has already began on the rental property I am occupying?
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Answers (1)
Yes. Whether or not your landlord is meeting his or her financial obligations to their lender, you are obligated to honor the terms of your lease contract until you are evicted or voluntarily end the tenancy. If you decide to move out as soon as possible to avoid potentially being evicted at a less convenient time later on, you must still give your landlord the notice required by your lease agreement.
You should consult with a local landlord-tenant attorney to make sure that you understand the provisions of the 2009 federal “Protecting Tenants at Foreclosure Act,” which controls the eviction of bona fide lease residential lease holders. You or your attorney should also talk to your talk to your landlord about what s/he is doing to avoid foreclosure, and make sure you are aware of the schedule for the foreclosure and/or sale of the property. If your landlord is uncooperative, you or your attorney can get the information directly from the lender.
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Posted by Jamilla Moore on 22 Jan 2010
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