If the houseI live in is in forclosure, shouldI continue to pay rent?

Landlord says when he went to court they gave him an option to try to sell the house as a short sale. I don’t know if I should believe him. Public records show thehouse is in foreclosure.

Asked on November 9, 2011 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the house has truly been foreclosed on, your landlord is not your landlord anymore--he does not own the home, and therefore cannot convey possession to you; you therefore do not owe him rent. You should of course double and triple check this state of affairs, but if it is the case that the foreclosure is complete and the landlord no longer owns the home, you do not owe him rent.

Your new landlord is whomever now owns the home (e.g. a bank, or someone who bought it from the bank). You might contact the new owner and see if you can't become their tenant. Or if the bank owns it, you might see if you could buy the home from them at favorable terms.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.