Foreclosure in Chicago>Question Details

hurness0123, Renter in Columbia, MD

Can a landlord charge tenants rent after the sheriff sale was completed?

Asked by hurness0123, Columbia, MD Fri Feb 22, 2013

The sheriff sale was November 27th. The landlord gave me my security deposit back and informed me in writing to stop rent payments to him in November. The bank contacted me in December and also informed me to cease payments to him. In February I received written notification that the bank is officially the new owner of the property. Today the landlord contacted me demanding rent for December, January and February saying that he is in 'redemption' and is still owed rent because the process wasn't finalized. Is this correct? I called the bank and they said not to pay him. I am stuck between the two and wondering what to do. Can someone advise?

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11
Try to talk to the bank that owns the property and get an attorney to represent your interests.
0 votes Thank Flag Link Sun Feb 24, 2013
I would say definitely talk with an Attorney that specializes in Landlord & Tenant issues. Question? Did your lease expire? I've seen where a Landlord that had tenants in her home prior to a foreclosure still demanded rent payments. When the tenants found out the house was in foreclosure and the Landlord wasn't making payments they decided not to pay the Landlord. The landlord sued for the rent and won. Strange, but it happened.
0 votes Thank Flag Link Sat Feb 23, 2013
Get an attorney. If you have contact information for the bank, talk to them. You do owe someone rent for the time you lived ther, but paying the wrong party will be a mistake.
0 votes Thank Flag Link Sat Feb 23, 2013
Dear Hrness0123,

I will be honest I have no idea about the Maryland Laws. But it would seem to me if the property was sold in a sheriff sales (a foreclosure) all leans against the property would have been wiped clean including lease. See http://www.oag.state.md.us/Consumer/landlords.htm. If you look through the material you will see a number you can contact number and talk to your local officials. Always make sure to get the name of the person you have spoken with.

Under traditional sales of income property the remaining part of the lease goes with the purchase of the property. The new owners generally have to options. Option one ride out the remaining of the tenants lease which is a legal contract or to give the current tenant financial incentive for moving out early. When the current tenant's lease is at an end the new owners does not have extend a new lease to the tenant and is than free to increase the rent.

I hope this is helpful.
0 votes Thank Flag Link Sat Feb 23, 2013
I just got an email from my attorney working on my closing for the property I am trying to purchase stating that he is doubtful the landlord would try to come after me for rent that he isn't entitled to keeping. Not exactly super insightful.
0 votes Thank Flag Link Fri Feb 22, 2013
What you can do. Online or in the phone book find " Legal Aid" they are attys that handle legal issues. These are pro bono (free) or low fee attys who will help look into your situation. Please, if you have a ton of assets--do not contact them for they only help those who need it and do not have the funds to afford an atty.
0 votes Thank Flag Link Fri Feb 22, 2013
Well, I would contact the local tenant union about this specific question. It seems like a legal question, but they are a non-profit that has some legal assistance and it's usually free of charge. I would not pay anyone until you get an answer from an attorney.
0 votes Thank Flag Link Fri Feb 22, 2013
Unless you are in Chicago - in that case, contact one in the city.
0 votes Thank Flag Link Fri Feb 22, 2013
You absolutely need to speak with a Maryland attorney. The main issue is who owned the property during the months in question. The owner is entitled to the rent payments.

-This is general advice - contact an attorney in MD
0 votes Thank Flag Link Fri Feb 22, 2013
Its a tough cookie. You owe someone the money though. You have to honor your lease, I would check with your attorney.
0 votes Thank Flag Link Fri Feb 22, 2013
You need to speak with an attorney bwecause that is a legal issue and those folks do not respond on this web site. I think the landlord is out of luck because he is NOT the current owner. IF the redemption suceeds and he becomes the landlord once again he will need a new lease with you as the old lease is no longer valid since he is no londer the owner..........but again, this is a legal issue.
0 votes Thank Flag Link Fri Feb 22, 2013
Thanks Philip. I am actually in the process of purchasing a property (given the foreclosure of the property I was renting), so I reached out to my attorney today for help. As soon as I found out about the foreclosure I started looking to buy and found a place in the beginning of January so I've been trying to get out as soon as possible. The landlord is trying to use this against me in my current loan application for a condo I want to purchase by trying to say I was delinquent on payments when in fact I wasn't because he was no longer the owner. It's just frustrating as a tenant trying to get out and buy my own property so I don't have to deal with this kind of headache anymore.
Flag Fri Feb 22, 2013
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