What to do if my rental is up for auction and lmy andlord is trying to evict me?

UPDATED: Mar 30, 2012

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What to do if my rental is up for auction and lmy andlord is trying to evict me?

My landlord of 9 years has filed eviction on us for non-payment of rent. We have not paid 2 months rent because the house is scheduled for public auction in 4 days. We have 7 days to file an answer which happens to be the day after the auction. Do we still have to answer? Will the case be thrown out because she does not own the house at that point? I just want to know the right way to proceed without a judgement being filed against us on record.

Asked on March 30, 2012 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If landlord is no longer the owner of the home, then he or she does not have the right to evict you...but he or she does have the right up to the moment he or she loses possession. Since it's not impossible that the landlord may still be owner after the purported date of auction (e.g. in some cases the landlord him/herself can actually bid on and buy the property), it would be wise to answer. By answering, you prevent losing automatically by default--you can always later decline to pay and accept being evicted--and so you preserve your options.

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