we received a intent to foreclose and refuse to pay May rent. We received a 30 day notice to vacate. We paid 1st last+security. Can we fight this?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
we received a intent to foreclose and refuse to pay May rent. We received a 30 day notice to vacate. We paid 1st last+security. Can we fight this?
Asked on May 16, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you have not paid rent, you may be evicted; the fact that someone intends to foreclose on the property does not absolve you of your responsibility to pay rent, or your liability to be evicted for nonpayment. Until the eviction actually occurs, your landlord is still your landlord, and you are bound by the lease terms up until the landlord loses possession.
In addition, if you are either on a written month-to-month lease, or have no written lease but instead are on an oral lease (which makes you a month-to-month tenant), you landlord may terminate your tenancy on 30 days notice even if you had been paying your rent.
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.