Can a landlord sue me and win for past rent if I didn’t pay since the house was in foreclosure but now the landlord has saved the property?

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Can a landlord sue me and win for past rent if I didn’t pay since the house was in foreclosure but now the landlord has saved the property?

Once I found out the house was being foreclosed on I did not pay rent. Now the landlord is suing me for that time I did not pay rent on after being totally absent until now. It was very difficult to find out any information as to what was going on with the property as I am not the owner. I did get the letter with a date for sheriffs sale, but that sale never took place. I am guessing the landlord “redeemed” the property. Can he sue me for this and win?

Asked on June 28, 2012 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, he can sue you and he will almost certainly win. The fact that a house is being foreclosed on does NOT mean that you no longer have to pay rent. Until the foreclosure actually goes through or occurs--i.e. while it is threatend or in process--the landlord is still the owner and is still your landlord, and your lease (written or oral) is still in effect. Therefore, you still had to pay the rent, and had no grounds for not doing so.


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