I currently rent a home that i signed a one year lease for in nov of 07. In Feb of 08 my landlord contacted me and said that he would be letting the house go to forclosure. I paid all rent payments on time as well as one months security deposit. He told me if the house went to auction he would let me live rent free as long as i could, but i would not get my security deposit back. The house went to auction in April of 08 and now he is contacting stating the following. This is an email i recieved
Hi. Hope you are doing well. I hope that you are back to work and things have returned to normal for you. You are in the house without a rent payment until at least October, so that should help your finances. I have not checked dates to see if anything has changed on that end to lengthen the amount of time that you are able to stay. If things are as I expect, You should be able to, if you wish, purchase the property from the bank for around $110-$125 once the process is complete, which is more along the price range that you and Kelly can afford comfortably. I have obviously been through a lot over these last few months and I am sorry that it has affected you both negatively and positively. I have relocated and am now out of state hoping to get a fresh start. Until the time that the foreclosure process is complete, I am the registered owner of the property. I have been approached by someone who wants to buy the appliances (including the washer and dryer). I am in need of the money, however rather than just selling them, you obviously need them. I will offer them to you (washer,dryer, refrigerator, stove and dishwasher) for $250 each. They are less than 2 years old and I paid more than double that. Please let me know if you are interested or if you want to make a counter offer. I hope you are well otherwise. Good luck in your future endeavors and with your family.
Can he do this or what
Originally posted 2008-07-16 13:37:47. Republished by Blog Post Promoter
He’s making it sound as though he is doing you a favor… That’s the funny part. If the house has gone to auction, that means the bank has taken possession of the home, and for all legal purposes- the bank is now the owner. So technically, he doesn’t own the appliances. You may want to try contacting his bank to see what the status is of the home. Most likely the bank will be evicting you sooner than later. Although, you get to live rent free, is it worth not knowing when and what will happen?
Changing the locks isn’t a bad idea. (considering your landlord lives out of state, and technically doesn’t own it anymore.) I would email him back saying sorry, I’m not interested in buying the appliances. Most likely he doesn’t have a buyer– it sounds more like a set-up to get you to buy the appliances from him. Try calling the bank, but act as an interested buyer, just to get an idea of what is going on. Tell them that you saw the home and the owner mentioned that it was being foreclosed on. Then ask them what the process is to buy the home: How long will it take to close?, What if there are renters living in the home? Get creative to discover what is really going on with the home. I would find out about time-frames and how they handle removing the renter.
This exact thing happened to me this month. I contacted a tenants rights organization in California called Tenants Together. http://www.tenantstogether.org/ I was advised of the following:
a) I have every right to continued use of the appliances as they were included in my lease. The lease was breeched by the LANDLORD, not by me, when he allowed the property to go into foreclosure.
b) The bank now owns the property, the ceiling fans, the light fixtures, the appliances etc. so those things are now the bank’s property, not the former landlords. It is not my intent to “steal” my landlord’s appliances…in fact I told the rep from Tenants Together that I actually wanted to give the guy his appliances back rather than let the bank take them. She advised me to not get in the middle of that, as the bank could then hold me personally liable.
c) I was advised that the former landlord could attempt to take me to small claims court, but I also know from speaking with many people in the industry (including friends who have several properties they rent out) that the court almost ALWAYS sides with the tenant.
Additionally, since you may potentially BUY this property, as I may also buy mine, you want those appliances included at the time of sale. Hope this helps.
Elisa | Paralegal
Bob Jeffries | Landlord
Randy | Renter
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