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Re: Renting a Foreclosed Home

Posted by Doug on October 14, 2006 at 08:54:02:

In Reply to: Re: Renting a Foreclosed Home posted by steele in minnesota on October 14, 2006 at 07:14:35:

: : I currently rent a home that went to sheriff sale on September 14th. What rights do I have and what rights does the landlord have? Our lease was up on September 7th, so am I under contract with them still? Our landlord turned off the utilities on September 8th, I know this is not legal and can seek damages to recover the loss. Any help would be grateful.

Thanks!
********************

Need more details. What state are you in? We would need to determine who even owns the house.

Also you said your lease was up a month ago. So how would you still have a lease? Unless the landlord continued to collect rent.

Steele V. Propp
Foreclosure Specialist/Loss Mitigator
Bank Owned Homes Division
Schatz Group GMAC
Minneapolis, MN
steelep@aol.com


Let's start this way. We started a lease on September 7th of 2005 for 1 year. In December our landlord sends us a notice that our rent will be going up $25.00 because of the cost to run this house has gone up. During the lease period the dishwasher goes out and it takes them close to 6 weeks to get it replaced(reason: lack of money). Shortly after this the property manager calls to let us know that the bank is making the owner sell the house. She wants to send some inspectors through. This is her way to go around the wording in the lease(they wanted to show the house to a potential buyer). We were very upset at the fact that she lied, just tell us the truth. So, they stopped showing the house because we raise such a fuss and also asked for proof that the bank was making her sell the house. On or about August 1st 2006, we arrive home to find a notice that the house will be forclosed on August 31st. We contacted the management company, and her attitude was you will be gone by then won't you! On September 1st we had the utilities turned over to my name and by doing this, we found out that they were scheduled to be turned off on the 8th of September. In August we recieved notice to pay for the August's month rent or leave. We sent them a letter to use the security deposit for the August's month rent. We placed the rent money in account to secure our security deposit. Since she could not manage her money we wanted to make sure we would have our deposit. In the past week and a half, we have received more calls from her(Property Manager) then ever. She wants to show the house, well demands that we allow her to show the house. I called her back and she didn't answer so I left her a message that if she steps one foot on the property I will have her arrested for trespassing(Can I? Don't know) but she didn't show up. So yesterday(10/13/06) we received a notice to vacate the premisses by November 12th. Which we plan to do. We also received a letter from their lawyer stating that we will let her show the house on 10/17. Today(10/14) we received a notice to go to court for an evicitiion process on 10/30.
First we know according to michigan law,
that raising rent to cover costs in running th house is against the law and voids the lease.
Shutting off the utilities is also against the law and they can be charged 3 times the charges we incur.

Can anyone else help.

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