If a landlord is not paying on the mortgage for the house where you’re renting so it’s going into foreclosure, what legal action can you take?

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If a landlord is not paying on the mortgage for the house where you’re renting so it’s going into foreclosure, what legal action can you take?

I was not told by the person who rented to me or the landlord before my singing the lease and paying rent.

Asked on October 11, 2012 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There isn't anything you can do--you have no legal right to control how the landlord spends or money or if he meets his obligations. As long as he still owns the home, he's still your landlord and you have to pay him rent--and given how slow foreclosures have been happening, he could easily still own it until your lease is up. If the foreclosure goes through prior to your lease expiring, you would then have at least 90 days additional occupancy under laws protecting tenants in this situation, and possibly as long as your remaining lease term (it depends on the exact circumstances); or you could then terminate your tenancy without penalty.


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