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Question from supercatNov-7
Three months ago i entered into a month to month lease, but the owner did not disclose to me that his home was in danger of foreclosure, yesterday there was 60day foreclosure noticed taped to the door, what are my rights?   can i sue for the last 3 months of rent, my deposit and moving cost due to breach of contract?  the owner claims to be in a loan restructuring process and is aginst us moving out at this point, do i still have to give a 30 day notice in order to move?
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LegalEagleHelp Nov-9 79831.2
The landlords financial situations is really none of your business!  You are still obligated to pay rent for the time you lived there and for the time you remain in the unit.  No you can sue. You did live there for the last 3 months so you are responsible for 3 months rent.  What does lease state about move out notice?  You still have comply with the terms and conditions of the lease.
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supercat Nov-9 79831.3
I understand that his finances isn't my business, but i would not have moved into his home knowing it was in foreclosure.  so i have no rights where this is concerned?
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LegalEagleHelp Nov-9 79831.4
You have the right to remain in the unit and pay the monthly rent however if/when foreclosure actually takes place there may be no changes as far as you as a tenant.  If they (new owners)decide not to continue to rent to you they have to give proper notice to vacate.  As far as your deposit would work as any  circumstance upon move out any unpaid fees, damages, etc.. to be assessed and deducted from your deposit and then remaining amount to be issued to you.  I don't see where its a breach of contract unless there is a clause in the lease about if the property has gone in to foreclose but I don't see any landlord putting that in there because once again thats not your concern or business.  If you plan on moving and your lease requires a 30 day notice then yes you have to comply to the terms.  No I wouldn't think  you could sue for the moving cost but anything is possible these days.
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