Foreclosure in 89123>Question Details

Michele, Other/Just Looking in Las Vegas, NV

The house I am renting was sold in foreclosure. The old landlord is asking to return his washer, dryer and refrigerator. I am still living in the

Asked by Michele, Las Vegas, NV Tue Feb 23, 2010

house. Is he entitled to this property? Can I hold it until he returns my deposit?

Help the community by answering this question:

Answers

15
Please check out this website: http://foreclosurehelp.nv.gov/ForeclosureAndRenters.htm
It provides you with information regarding Nevada Foreclosure Help and Renters. Hopefully this will be helpful source to you.
1 vote Thank Flag Link Tue Feb 23, 2010
If the home has already been foreclosed on, the old landlord has no right to those appliances.
0 votes Thank Flag Link Fri Aug 7, 2015
The new landlord should have your security deposit.

it should have been transferred in the sale.

Speak to your current landlord about the appliances.

If you need my assistance let me know. I am a property manager and we have an in-house attorney and can assist you.

Thanks

Becky Cordova
702-612-1584
0 votes Thank Flag Link Wed Mar 11, 2015
In california a home I rent was sold in foreclosure sale and the old landlord is demanding the appliance to be returned to him. He claims it was listed as personal items in the lease.
The new landlord told me to ignore him and if I do give these appliances I will be held responsible.
0 votes Thank Flag Link Mon Nov 26, 2012
Michele,

You may also refer to this link for information:

http://www.govtrack.us/congress/billtext.xpd?bill=s111-896&a…

Regards,

Jason Allen Gardner
NV REALTOR ®
Exit Realty Imoti
8260 West Charleston Blvd. Suite #1
Las Vegas, NV 89117
(Cell) 702-806-6968 (Fax) 702-966-3732
E-Mail: jagsellslvre@yahoo.com
Web Reference: http://www.jagnvealtor.com
0 votes Thank Flag Link Thu Feb 25, 2010
Michele,

The information that has been provided in the responsive posts are correct. The old landlord is no longer the owner, and he does not have the right to insist anything from you. Please read your lease agreement concerning the items. If you have any questions, please contact:

Spencer Judd
Law Offices of MacDonald & Judd
spencer@jsmjlaw.com
702-606-HELP (4357)

and mention my name and company. We work with his firm on many of our Short Sale deals. He can also inform you on the rules and regulations that will apply to the rights of the new owner and the legality of your lease. In most cases your Lease Agreement is still a binding contract and should be upheld. Again, contact Spencer Judd.

Are you looking for a new rental property or thinking about buying a house to receive your 8k tax credit?

If you have any questions, please feel free to call or email me.


Regards,

Jason Allen Gardner
NV REALTOR ®
Exit Realty Imoti
8260 West Charleston Blvd. Suite #1
Las Vegas, NV 89117
(Cell) 702-806-6968 (Fax) 702-966-3732
E-Mail: jagsellslvre@yahoo.com
Web Reference: http://www.jagnvrealtor.com
0 votes Thank Flag Link Tue Feb 23, 2010
Yes Michelle,
if your lease included the appliances, then he cannot remove them. More importantly it the property has been foreclosed on then the appliances are property of the new owners. Your landlord would be breaking the law if he removed any fixture or property from the home.
If you haven't stopped paying him rent, please do. The new owners will be contacting you shortly to offer cash for keys. As far as getting your deposit back you will probably have to sue the previous landlord in small claims.
Now for you Michelle. Have you been looking for a new rental? I have helped many finds new rentals. What are you looking for?

Please contact me today.

Chantella Brimhall
702-630-5618
cbrimhall09@gmail.com
Web Reference: http://www.cbrimhall.com
0 votes Thank Flag Link Tue Feb 23, 2010
The house you rent is foreclosed, then the old owner has nothing to do with that house & the lender or the new buyer is the one in control. You have to talk to them regarding your tennency or any other related questions.
0 votes Thank Flag Link Tue Feb 23, 2010
Great info Jennene! Thumbs up for you.

I thought that you received the 90 day notice PRIOR to the bank taking possession. It would seem then that since the lease would state that the appliances are included then the owner cannot remove them until the lease is up (a real estate attorney would know more about this).

A great question in addition to Michele's is that once Michele leaves (say after the 90 days), can the old owner go into the home and remove the fridge and washer/dryer? If there was no tenant then he could have removed them prior to the foreclosure but since Michele's lease has to be honored after he lost the home, must he allow the bank to keep those appliances?
0 votes Thank Flag Link Tue Feb 23, 2010
Michele - You need legal advice. But if the property has already been foreclosed on, and he didn't claim his property prior to foreclosure, I would assume it would be considered abandoned. Because he can't go back into a house and take things out of a property he no longer owns.

At the same time, if he no longer owns it, you should not be paying him rent. That doesn't mean you don't have to pay rent to someone. If you haven't already been approached by the asset management company with a cash for keys offer, you will be shortly, and they will tell you who you now need to pay your rent to.

As for getting your deposit back, you'll probably have to sue the landlord in small claims court.
0 votes Thank Flag Link Tue Feb 23, 2010
Banks can not normally kick you out of your home if they take a home via foreclosure. It's the law. A bank needs to honor your lease terms. Check with attorney.
0 votes Thank Flag Link Tue Feb 23, 2010
Interesting situation. What is your lease situation? If the home has been foreclosed on and it is in the banks possession then technically you should no longer be living there. What notice has been given to you as far as when you need to vacate? Who are you paying rent to since your landlord is no longer the owner/landlord?

From what I can tell, and this is only an assumption based on the information provided, is that the fridge, washer and dryer stay until your lease is up/you get the boot. In any matter, a home owner IS entitled to remove anything that is not attached to the property after the sale of the home (unless otherwise stated in the purchase contract). For instance, the fridge and washer can be removed but if the dryer is a gas dryer then it must stay, if it is electric then it can be removed since it is not "attached" to the property.
0 votes Thank Flag Link Tue Feb 23, 2010
!!!! There are laws in place that most landowners either do not know about or are willing to violate. You are NOW afforded rights per the terms of your lease. If you are on time with payments and have been, then the terms of the entire lease need to be honored by the courts, landlords and the bank that took the home back. DO NOT let the bank who took the property give you any guff either. They may try to pressure you to leave etc.

If the appliances are included in the lease, then you can use those for the term of the lease.

Always contact an attorney of course but the law is the law my friend.
0 votes Thank Flag Link Tue Feb 23, 2010
I would hold the appliances until you get your deposit back. Here in lies the problem with people paying rent to individual homeowners as landlords.
0 votes Thank Flag Link Tue Feb 23, 2010
He's already in violation of your lease agreement. You are the one in control here IF you are up to date on your lease. The appliances are part of the terms of the lease - hence you really don't need to do anything. You probably have to give the landlord 10 days notice that you're vacating .... is a property management company not collecting the rents?
0 votes Thank Flag Link Tue Feb 23, 2010
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer