we received a intent to foreclose and refuse to pay May rent. We received a 30 day notice to vacate. We paid 1st last+security. Can we fight this?

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we received a intent to foreclose and refuse to pay May rent. We received a 30 day notice to vacate. We paid 1st last+security. Can we fight this?

Asked on May 16, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have not paid rent, you may be evicted; the fact that someone intends to foreclose on the property does not absolve you of your responsibility to pay rent, or your liability to be evicted for nonpayment. Until the eviction actually occurs, your landlord is still your landlord, and you are bound by the lease terms up until the landlord loses possession.

In addition, if you are either on a written month-to-month lease, or have no written lease but instead are on an oral lease (which makes you a month-to-month tenant), you landlord may terminate your tenancy on 30 days notice even if you had been paying your rent.


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