Can I be evicted from a person who doesn't own the property anymore?
I have been renting from a lady for a year now and I just recently found out that she filed bankruptcy on the property and does not own it anymore. In fact she hasn't owned it for the past 45 days. I payed her last months rent to a woman who doesn't own the house. A lawyer from the bank told me that I have 60 days to stay there until I need to leave and that I should try and get my money back for last month that I payed her. The lady is now slamming on my door, peeking through the windows, staking out my house and bringing friends with her to threaten me and scare me out of the house. She is trying to evict me and get me out so that she can stay for the last 60 days without paying. Can she do this? She doesn't own the house anymore, the bank does. She was renting it out to me and I am the occupant. Not her. The lawyer told me to contact the police and that because I was renting when the house was forclosed, that I am entitled to stay for the last 60 days rent free. This lady is harassing me and threatening me and I have called the police 3 times now and they have never come out to help me. They do not come. I am scared and don't know what to do . Can this lady get away with this? Can she kick me out and stay here the last 60 days? What can I do to stop her from harassing me and threatening me if the police don't help me? Thanks.
- ca_surveyorLv 79 years agoFavorite Answer
Ok.. by the numbers
1) Just for proof, ask the bank to send you a letter that confirms that they are now the fee owners of the property.
2) Next time the lady shows up, call the police. Tell them that you fear for your safety and you think the woman is trying to break in (all truths, I believe). With those complaints they will come. When they show up file give them a copy of the letter from the bank and a complaint .
3) If she shows up again you can get a TRO (temporary restraining order) to keep her away for 60 days. During that time you can deal with other things or go to court to get a permanent Restraining order (take the police reports)
4) While all that is going on, dig out your lease and see when it expires. You have a choice at this point.
a) Demand that they honor the lease and start paying your rent to the bank. Then move out when the time comes or ask them to extend the lease. (who knows)
b) Ignore the bank completely and put the rent money away into an account. Generally the bank will simply want you gone and not go after back rent. Most banks take from 6 months to a year to oust the tenants from foreclosed places and some will even pay YOU to leave (its called Cash for Keys). I am not saying that this is ethical but I am saying that it is pretty typical.
5) During all that time you can file a small claims action against the former landlord. BUT wait until AFTER the bankruptcy is granted. If you file before hand your money will be lost as a result of her filing. BUT.. if you say nothing and she fails to list you on her initial filing as a creditor, then you may be able to bring forth a claim after the bankruptcy is complete. She can not file for bankruptcy for another 7 years so you have plenty of time to go hound her. (grin).
- 9 years ago
If you signed a lease honey, you are legally entitled to stay there! If the police refuse to come out, ask for a supervisor on duty & explain that you have not received the protection you deserve. If that doesn't work, call your local courthouse & ask about obtaining a restraining order against her thru the duration of your time there. Some people have nerve, don't they?!
- 9 years ago
-No ! So tell the Woman to "buzz off"- or You'll call the Police on HER ! YOU paid for Where You're Living- She gave up ALL Rights to it. See if You can borrow Somebody's Big Dog- to keep Her away from Your Place- for the Time Being. If THAT doesn't Work, - file a "Restraining Order" against Her- at the Court... -And good luck finding a NEW Place to Live !! :o
- Anonymous4 years ago
no rely what the effect, you will desire to acquire 15 to 30 days to discover a clean place of place of abode. You look a sufferer here so which you have rights. i could think of of suing the "Default proprietor" of any shifting and hardship expenditures. i could touch your county courtroom living house and ask approximately innovations you will possibly have in this rely.
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- KiniLv 79 years ago
You dont know any lawyer. You made that up. You cannot legally stop paying rent to the current landlord until the bank notifies you to pay rent to them and you cannot live there without paying rent. You dont have to leave if you have a lease. Filing bankruptcy is not the same as foreclosure. That is none of your business anyway. Your obligation is to continue to pay her rent if you have no other owner. You cannot live rent free in any situation. You have no proof she no longer owns the house and she is entitled to be there. This is not a police matter.
- linkus86Lv 79 years ago
Yes, you can sue her in small claims court for the rent you paid plus your security deposit, but good luck getting paid. People who file bankruptcy tend to not pay people what they owe them, especially so close to when the bankruptcy is filed.