If a house being rented goes into foreclosure do the person renting the house have to continue paying rent?
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If a house being rented goes into foreclosure do the person renting the house have to continue paying rent?
I’m renting a house that is in foreclosure and the owner thought he house was
foreclosed on months ago but the overseer or manager was still renting the house
to me and now the owner found out and told me the house was in foreclosure and he
will start coming to get the rent personally. He said the bank will probably
come around and ask us to leave so do I continue to pay rent or can I stop and
strt saving to move??
Asked on March 25, 2016 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You have to keep paying rent during the foreclosure process until the owner is no longer the owner (i.e. until the bank has taken the home). As long as the owner is the owner, even if foreclosure is imminent, nothing has legally changed: he can still rent to you, and you are still renting from him. If you fail to pay during this time, you can be evicted and sued for the unpaid rent. Once he no longer owns the home, however, he can't rent to you and has no right to collect rent, even if you are still living there (e.g. the bank, or whomever buys it at the foreclosure/sheriff's sale, has not removed you).
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