What are my rights against a landlord who rented to me knowing that their property was in foreclosure?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights against a landlord who rented to me knowing that their property was in foreclosure?
Can I sue a landlord if his house was in foreclosure and he knew and I was paying him rent. I just found out. Can I get my money back the months that I paid?
Asked on September 23, 2010 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You say "in foreclosure"--has it been foreclosed yet? If not, if the landlord is still the owner even if a foreclosure proceeding is threatened or has been brought, then you could not get back the rent you've already paid, since you paid rent to the owner--the legitimate landlord--for use or possession of the premises. If the property was foreclosed and the person you paid the rent to was not the owner at the time you paid it, that's a different story--you should be able to recover it from him under several possible theories (e.g. fraud; unjust enrichment).
Regardless of the above, if the landlord knew the property would be foreclosed at the time he leased it to you and withheld that information, you'd have a good case for rescinding the lease and geting out of it on the theory of either fraud or mistake. However again, if he actually was the owner during time you stayed in the premises, no matter what you do going forward, you owe him rent for the time you actually stayed in his premises.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.