If the houseI live in is in forclosure, shouldI continue to pay rent?

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If the houseI live in is in forclosure, shouldI continue to pay rent?

Landlord says when he went to court they gave him an option to try to sell the house as a short sale. I don’t know if I should believe him. Public records show thehouse is in foreclosure.

Asked on November 9, 2011 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the house has truly been foreclosed on, your landlord is not your landlord anymore--he does not own the home, and therefore cannot convey possession to you; you therefore do not owe him rent. You should of course double and triple check this state of affairs, but if it is the case that the foreclosure is complete and the landlord no longer owns the home, you do not owe him rent.

Your new landlord is whomever now owns the home (e.g. a bank, or someone who bought it from the bank). You might contact the new owner and see if you can't become their tenant. Or if the bank owns it, you might see if you could buy the home from them at favorable terms.


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