What do you do when a landlord hassaid that he is letting property go in foreclosure, not to pay rent, and then sues you for non-payment?
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What do you do when a landlord hassaid that he is letting property go in foreclosure, not to pay rent, and then sues you for non-payment?
Our landlord let his property go into foreclosure. He then told me not to pay him and take my chances. But when he was sued by the HO, he in turn sued me even though I hadn’t heard from him in almost 9 months. What are my rights?
Asked on December 1, 2010 under Real Estate Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I see the picture here:
So he was not paying his homeowner's association fees on top of his mortgage, correct? Listen, if anyone ever offers you a "free ride" like this again do not take them up on it unless they are voiding the lease in writing. In the end you will be dragged in to a mess like you are now. You really have no rights here except your word against his word and I think you can figure out what his response to your claim is going to be now that he has sued you: "I did not say that." So what I would do is answer the complaint and then request that you pay the funds in to the court becuase of the foreclosure. And continue to pay the rent monthly until such time as the ownership changes or the court tells you otherwise. Good luck.
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