questions & answers

Question: I rented my house 2 months ago. I was behind payments, but want to keep my house expecting to recuperate 5600 $ suing my ex-employer for non paid salaries and commissions as soon as possible .Tenant found out house is going for foreclosure. Notice of foreclosure arrived a month ago from now and tenant made stop payment on a rent check for July ! I am just about of filling for eviction. Does my tenant is in his wright for not paying the rent, because the house is going for foreclosure in 2-3 months ?!What possible actions they can take against me …?

Answer:

It depends on your lease.

If the lease is set to expire before the trustee sale, they probably had no right to stop payment on the rent check and you can seek to evict them.

If the lease was for a term that would be cut short by the trustee sale, then I think an argument can be made that you breached the lease. However, that doesnt permit them to live in the house rent free. So if they are going to stay in the house they will still need to pay rent.

As for your liability, again it depends on the term of the lease. If the lease runs beyond the trustee sale date then you could be liable for such things as their moving costs and other costs associated with them having to find a new house. Best of luck.