Rentals in Arlington>Question Details

Confusedrent…, Renter in Arlington, MA

Can the landlord continue to ask for rent at the point that the bank put the place up for auction?

Asked by Confusedrenter, Arlington, MA Mon Nov 15, 2010

Can the landlord continue to ask for rent at the point that the bank has put the house we rent from up for auction? It went into preforeclosure on June 8th, 2010 with the auction set for Oct. 19th 2010 but postponed till Dec. 7th. and why was it postponed?

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territoryRE - they can not evict anyone in the state of MA immediately. At best it would be 60 days. You can terminate a lease, but if the tenant does not want to move, than its the eviction process that has to be followed.

Check process with link below.
1 vote Thank Flag Link Wed Nov 17, 2010
Contact an attorney. Best to get yourself protected in the event the bank or new owners contact you and tell you to evict immediately.

http://territoryre.com
Web Reference: http://territoryre.com
0 votes Thank Flag Link Wed Nov 17, 2010
the landlord is owed the rent until a new owner is chosen and the deed is filed at the Registry of Deeds. Postponements usually mean the owner is trying to hold on - banks are much more lenient after the past few years and are doing more "loan modifications" but again, this is just my opinion (and a guess) i am a realtor, but not a lawyer - you would be wise to seek some free legal advice to protect yourself
0 votes Thank Flag Link Mon Nov 15, 2010
Scott, is correct, best to contact an attroney, and your landlord is entitled to the rent you've agreed to pay. As to it being postponed could be for many reasons, faulty paper work, agreement to work it out, pending sale. If Dec 7th comes, the owner can do 3 things, 1 let it go, 2 make it whole with the lender. 3) file for bankruptcy.

If it goes to foreclosure the lender or whoever buys it will than have to either evict you or try to negotiate a new lease with you.

Good luck.

Check out the info in the link below you may find it helpful
0 votes Thank Flag Link Mon Nov 15, 2010
You should consult a real estate attorney but yes, you still owe your rent to your landlord until the lender actually takes control of the property. You should look into your individual rights though which are possibly laid out in your rental contract & only an attorney can best advise you legally what & how to proceed.

Hope that helps,
Web Reference: http://www.MedfordHouse.com
0 votes Thank Flag Link Mon Nov 15, 2010
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