Can a former landlord attempt to collect past due rent and other fees from me if the property that I rented went under forclosure so I moved?

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Can a former landlord attempt to collect past due rent and other fees from me if the property that I rented went under forclosure so I moved?

Approximately 2.5 months into my 6 month lease, a Notice of Trustee’s Sale was attached to the property I was renting. Trustee’s Sale was scheduled for 2 months ago. I then decided to move out before that date. The landlord agreed that when I moved, I didn’t have to pay that month’s rent. I was there for 2 weeks the previos month and they would not agree to pro rata the rent for that month, so I didn’t pay it. They are now suing me even though they no longer own the property due to the foreclosure.

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Your former landlord can attempt to collect past due rent from you and other fees while you were a tenant of his even though the property was lost in foreclosure. However, any money that he may be entitled to from you is really the lender's money under the terms of the mortgage and presumed loan agreement.

For the landlord to keep any rent from you and not pay the monthly debt load for the property that went into foreclosure with the amount is illegal and is called "rent skimming".

I would contact the new owner of the foreclosed property and the lender about the dispute that you are now having with the former owner. Good luck.


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