What are a renters rights when theircondo goes into foreclosure?

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What are a renters rights when theircondo goes into foreclosure?

Th condo association has threatened eviction because the fees haven’t been paid, but the fees aren’t the renters obligation. The lease is month to month but we are 10 days into the month. How can the renter buy some time to save some money, find a new place, etc.

Asked on February 9, 2012 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, the renter has essentially no rights against the condo association or to avoid eviction: the owner whom the renter leases from can only convey possession so long as he or she has it; once the owner is foreclosed upon, he or she can't give the tenant the right to reside there, so the tenant may be evicted.

The tenant may be able to sue the owner for breach of lease, for not being able to provide what the renter is paying for (undisturbed possession). One option to consider is to pay the fees for the owner, then sue the owner to recover them; the theory would be that the renter had to pay them to maintain his or her possession since the owner was breaching the lease by not doing what was necessary to provide the tenant the right to reside there. It is not a given that the renter would prevail, but if the renter is concerned about buying time to move, it's worth considering risking making the payments.


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