I am renting a house in Virginia. The landlord told me 2 weeks after I signed the lease that she was putting the house on the market as a short sale.

Rosemary Reynol...
Home Buyer
Virginia

She now wants to put a lockbox on the door and have open houses at her discretion. What are my rights in this matter. Also, can a short sale be used on an investment property? I thought it was to help someone out in financial difficulty on their primary residence. Also, I was told that a short sale would take several months to get in place. It took less than 4 weeks. She has breached the lease several times. Do I have grounds to terminate the lease when I am ready to? Please help.

Answers (3)
Mary Margaret G...
Agent
Fairfax County, VA

Hi Rosemay,

I can only imagine how frustrated you must be and how unhappy you are with the homeowner. Both Konnie and Cindy gave great answers. I, too, will suggest that you contact a real estate attorney and that you check out the Prince William County website. Look for the links to housing or foreclosure. I know you said it is a short sale, but you will see the section on tenants rights. You might also want to look at the Fairfax County goverment website http://(www.fairfaxcounty.gov) following the housing links for more information.

Your lease will tell you if the homeowner can put a lockbox on the door and what the procedures are for showing the house and notifying you prior to any showings. It is in the homeowners' best interests to let you know when an open house will be held (usually on a Saturday or Sunday, during the afternoon, so that you can put away your personal belongings and straighten up.

I hope things will work out for you soon.

Web Reference: http://www.mmgates.com
Tue Nov 10 2009, 09:42
Konnie Mckee No...
Agent
20169

Hey Rosemary... I am sorry to hear this.... although this is not a rare occurance in this market. Cindy is correct the best course of action is to consult an attorney. The government has put protections in place for tenants of foreclosed property, and, if I am not mistaken, the new owner of the house would have to honor your lease.. You may want to check with the county's legal aide to see if you can get free assistance, from the landlord/tenant department... Take a deep breath...get informed.....knowledge always helps curb fear...

If your land lord has breached the lease, your lease should have certain procedures in it to direct you...... which may include terminating it...

Web Reference: http://www.Konniemac.com
Sat Nov 7 2009, 05:16
Cindy Jones
Agent
Woodbridge, VA
FIRST ANSWER

You need to consult an attorney and read your lease carefully. There are official steps you should take to end the lease and just walking away could still leave you liable for the remaining term of the lease. If they have applied for a short sale their is a good possibility that they are no longer paying the mortgage and your rent is not going towards paying the mortgage on the property you are living in. Document everything and determine whether your rent should be going directly to the landlord or to a third party to hold until the issue is resolved

Short sales can be used for investment property though if the owner is still getting mail at the address they could be claiming it as a primary residence.

Good luck I'm sure this isn't what you were looking forward to when you moved into your new home.

Sat Nov 7 2009, 04:22

Didn’t find what you were looking for? Ask a question!

More Q&A about Property Q&A in Nokesville

View all »
I would like to get more info on this house please.
Answered Sun Sep 13 2009, 16:08 by Konnie Mckee North… in Nokesville
Read the answer
Search Advice

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 24
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback