Can I sue someone if their house is foreclosed on and I live there?

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Can I sue someone if their house is foreclosed on and I live there?

I am roommates with a person who is in the process of being forclosed on. It wasn’t brought to my knowledge that she was this close to losing her house when I agreed to move in. I was told she was just behind on bills. She is getting letters from the court but refuses to open them. She says that she is supposed to go to court to discuss it but refuses to tell me if or when she is going. If her house is foreclosed on and we are forced to leave, am I allowed to sue her for that months rent and all my belongings if I am not allowed to move my stuff out after her house is forclosed on? Would they give me my stuff?

Asked on April 25, 2012 under Real Estate Law, Vermont

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 8 years ago | Contributor

Once a house is foreclosed upon (meaning the auction took place and there is a new owner), the new owner has to go through the process of evicting the holdover tenants (which would be you and her).  Before the eviction takes place, however, there are notice requirements (between 30 to 60 days) for the occupants to move out of the property before the eviction.

As far as you suing your landlord and recovering damages, it would depend on the length of the tenancy agreement (month-to-month, six months, a year).  If it's worth your time, you may want to consider small claims court for your moving expenses.  In the meantime, you should just move as soon as you can.


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