What can I do if I rented a condo that isin foreclosure?

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What can I do if I rented a condo that isin foreclosure?

I signed a lease on a condo in Feb. The landlord did not provide me a copy of the lease at the signing and promised he would mail one to me along with an address to mail the rent checks. He has not provided either. I have been saving the rent up in a separate account. Now I found out the condo is in foreclosure. He rented without condo association authorization as well. I have also found out that he has requested court mediation and is claiming the condo is owner occupied. Can I move out? Is my lease illegal? Not sure what to do. He does not answer my calls/emails or texts.

Asked on June 6, 2011 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may have grounds to terminate the lease without penalty, but  you should consult with a landlord-tenant attorney first, who can evalute your situtation in detail. The reason is, terminating a lease when you *don't* have the right to do so, or doing so incorrectly, can result in you being held liable under it; the attorney consultation and assistance is a good investment.

All that said:

1) An illegal contract--and a lease is a contract--is generally not enforceable. If the the owner did not have authority to rent, that might constitute an illegal contract which is or may be voided.

2) Contracts or leases formed on the basis of a material misrepresntation or omission may be voidable, too. If it was represented to you that there were no issues with the condo and you could rent it "safely," but the owner knew or should have known at the time that it was in or was going into foreclosure, that might constitute a material misrepresentation.


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