I am in Hawaii and I rented a home...it went into foreclosure...2 times the auction date was cancelled...since receiving the foreclosure notices i

Asked by Back Rent, 48084 Sun Sep 20, 2009

had stopped paying rent. suddenly 6 months later my landlord contacts me to pay the 6 month back rent and to restart paying rent &/or i would need to evacuate the premises 5 days from her letter that she left on my door step on 9/16/09. she claims that the foreclosure did not go thru, because the auction did not take place. i had been a good tenant paying my rent monthly up until 6 months ago when i received the foreclosure notices. my original lease had expired 4/30/07 and had never been renewed. is it legal for her to collect on the back rent? also, she never renewed my lease would this still make me legally responsible to pay her the back rent? and if she was found not current on paying her payments to the lender does she still have the right to collect from me?

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Reema Sharma, Agent, Glen Oaks, NY
Wed Mar 7, 2012
hire a real estate attorney to know your options
0 votes
Keith Sorem, Agent, Glendale, CA
Sun Sep 20, 2009
Dear Back
Normally when a lease expires it converts to a month to month lease. You owe her the money unless you given the owner written notice to leave and do so.

I am disappointed that you apparently decided to take advantage of this unfortunate situation. How would you feel if you were the owner?
0 votes
James Gordon…, Agent, Hamilton, OH
Sun Sep 20, 2009
Back Rent you need to pay your landlord for what you owe. Do you expect to live there for free? I am sure that you had your monthly rental placed in an escrow account and now you can turn that over her. I am glad that you are going to be taking care of your responabilites and bring your rent current. It would seem that she has worked out an agreement with the lender as many people do to avoid forclosure. Everyone in your area is counting on you to do the right thing, the property owner so she can receive the money that is due her. The lender is also counting counting on you to pay her so that she can pay them. Lastly the court system is counting on you to pay because they don't want another eviction in the court system and a judgement againt you that they have to enforce for your last 6 months of rent.
Web Reference:  http://www.Find1Home.com
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Ralph Windsc…, Agent, Hauppauge, NY
Sun Sep 20, 2009
I am not familiar with Hawaii landlord/tenant laws but if the homeowner still legally owns the property and you are living there, you owe the rent. If the lease is not renewed, the only thing that changes is that you can move out at any time with proper notice or the landlord can ask you to leave again with proper notice.
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