Foreclosure in Cordova>Question Details

Shami, Home Seller in Deptford, NJ

Need help with tenants.

Asked by Shami, Deptford, NJ Tue Sep 28, 2010

We have tenants at our place. We asked our property manager to give them notice as we had gotten foreclosure notice. Managed to get a short sale agent & got the foreclosure postponed. Now the tenant refuse access to the property. They had paid only half months rent as deposit. They have not paid this months rent & now refuse to move. What are our rights as owners. If they keep doing this our agent tells that we would be in trouble.

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At this point your best source of advice is an attorney who specializes in real estate, consider a consultation, see exactly what options you may have, rights, etc., then go from there.
0 votes Thank Flag Link Tue Sep 28, 2010
Unfortunately, I think Michael is right. You need to get legal advice. Tenants do have certain rights, but if they are abusing the lease agreement, time is not your ally. I suggest you contact your mortgage company immediately and let them know what's going on. Keep them abreast of the situation as it progresses and hopefully they will work with you and hold off on the foreclosure until you can get this resolved. Mortgage companies want to foreclose as a last option, so if you keep them informed they will most likely work with you.
I've included a link to the Tennessee Department of Consumer Affairs which may help. Their website says that the department "offers free mediation services for complaints regarding the Landlord and Tenant Act." So maybe you could call them and see if they could help you.
Good Luck!
0 votes Thank Flag Link Tue Sep 28, 2010
You must do some research for your state. It sounds as if they are in default of your lease agreement.. It looks like you will have to evict them.
0 votes Thank Flag Link Tue Sep 28, 2010
Hi, I would say consult an attorney for legal advise, you may be able to take them to small claims. From the Real Estate side, I would look for new tenants. Obviously those people are not the ones for you. It couldn't be more difficult finding new people as it is trying to get these to abide by the contract from what you are telling us. Best of luck!
0 votes Thank Flag Link Tue Sep 28, 2010
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