If the bank owned the house that I rented before my lease started, can I get my rent payments and deposit back from the landlord?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If the bank owned the house that I rented before my lease started, can I get my rent payments and deposit back from the landlord?

Asked on January 25, 2012 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

From what you have written, it seems as though the landlord was the former owner of the home that you are renting who improperly entered into a lease with you for the premises when he was no longer on legal title to the property.

If that is the situation where the unit you are renting is bank owned property and has always been bank owned property while you occupied it, you have a basis for a lawsuit against the former owner (landlord) for fraud.

The former owner if he had no legal title to the unit you rented had no legal basis for entering into a written or oral contract with you to lease the premises. Possibly your recourse would be in small claims court to get back the rents you paid to the former owner which should have gone to the bank.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption