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What are my rights as a renter who never got a 30 day notification?

I am a renter of a home that was short sold. When the process started back in September the real estate agent said she would keep us in the loop with everything that is going on.  In the past 4 months not one word. We were told that after the 2nd lien was closed on we would be notified and have 30 days from that point to vacate the home. Well, I got a phone call yesterday from the new owner asking me for rent for the month of January. Mind you I had no idea anything was final, not one phone call. What do I do? What can I do?
  • January 07 2013 - North Valleys
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Answers (11)

This is not legal advice, i'm merely clarifying your situation. It depends what state you're in. Plain and simple.

Each state is different, type of lease/length etc effect the notification criteria depending on where you live.

It also depends on HOW they have to notify you. Some states don't require registered mail. If that's the case, your landlord can just lie in court (which is illegal) about when the notification was sent.

Leases are designed to protect everyone involved in the lease agreement, in the future ensure you get one on paper and everything is spelled out.
  • April 19 2013
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Profile picture for Marcy OMalley
It depends on what is written in your contract.  You should contact a lawyer.  
  • April 16 2013
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Since we are not allowed to give legal advice nor quote Federal Law; I will suggest if you were my tenants without a lease, on a month to month, I would have you out in 3 weeks if you didn't pay me. I think its pretty crappy that that Realtor lied to you. I don't agree with that. As a Broker I would want to know if my Agents are misleading people. You could post a negative review against that Realtor.
  • April 16 2013
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The fact that you have not been given proper notice should prevent the new owner from being able to force you to move out immediately, provided you comply with the terms of your rental agreement.  If however, you choose to not pay the new owner rent, he/she may have the right to begin eviction proceedings.  As a property manager, I can tell you that one of the biggest red flags I look for when screening a new tenant is any past history of being evicted.  So, if you intend to rent after leaving this property, you may want to consider leaving on terms that do not end in an eviction.  However, if you do not wish to leave, then you best option would be to pay the new owner the rent amount that is specified in your rental agreement.  
  • April 15 2013
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If you are still living at the property PAY THE RENT...I mean Really, that's what is fair and equitable right?

However, You may  want to be sure WHO you owe rent to.  You would not be the first person who got scammed by somebody  posing as a new owner.
  • January 16 2013
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Regardless of who is the Landlord you still have to pay the rent for January.  If you show the new owner that you are responsible and pay the rent on time, he/she may consider doing a lease for a year.
Maria Cipollone
  • January 08 2013
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Profile picture for wetdawgs
Yes, that is correct.   You pay rent or you can be evicted.   You lose all renter's rights the moment you stop paying rent, except for the laws about due process for eviction.   (I'm not sure there is a "worse").

I'm not sure I'm understanding what the problem is.   Yes, it would have been nice to know but not mandatory.     Do you wish to expand on how it is a problem?  (I'm genuinely puzzled, not argumentative)

  • January 08 2013
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There was no lease with previous owner, we were on a month to month with them. So, from what I am getting with these answers, is that I pay rent or risk being evicted or worse.
  • January 08 2013
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If the new owner assumed the underlying lease (which it appears they have) there would be no need for a 30 day notice - unless there was specific language in your lease that requires the homeowner to provide you 30 days notice should the property be sold.

As you have not been evicted nor damaged, there is probably no recourse.
  • January 07 2013
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This is unfortunately a common situation. I would google renters rights and your rights with regards to a short sale property. There may be some new laws that could help. If you have a lease you may have some standing. It all depends on the circumstances and what you have in writing. Find out the exact close date of the transaction. You will want to out when the new owner took over. It is always best too get legal advise in these situations or for everyone involved to work out a compromise that satisfies all involved. I have seen it happen. Good Luck. If I can be of any help let me know. Thank You Suzie Marquardt
  • January 07 2013
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Profile picture for wetdawgs
If a house is sold short, the new owner must abide by the terms of your lease.  If they wish to move in as their primary residence, they need to give you 90 days notice (Federal law bumps state laws)

If they  are simply telling you to pay rent to a different party, there is no need for a 30 day notice.
  • January 07 2013
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