If our landlord received an “intent to foreclose” notice 5 days after we moved in to the house, do we have any grounds to sue for misrepresention of the lease?

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If our landlord received an “intent to foreclose” notice 5 days after we moved in to the house, do we have any grounds to sue for misrepresention of the lease?

Our landlord is in eminent foreclosure and has said the she plans to give up the house without a fight.

Asked on November 3, 2012 under Real Estate Law, Delaware

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under federal 2010 law if you are on a long term lease the new landlord on a foreclosed upon house is required to allow you to finish out the term of the lease so long as you are not in default of the agreement.

If the lease is a month-to-month lease, the new landlord on the foreclosure must give you at least ninety (90) days notice of the termination of your lease assuming you are not in default. From what you have written, I do not see a legal or factual basis for you to file an action against your landlord because you have not yet suffered any damages under the law.


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