Can tenant be evicted from there apartment if the owner lost the house to foreclosure & did not notify ?
so our neighbor opened up the owner’s mail it was a fishy letter & we havent seen the owner for a month..the letter said we were getting evicted in 8 days… we were never notified of this what happens I live in NJ is there any house protection ?
ATTN IT WAS NOT ME WHO OPENED THE MAIL! PLEASE I KNOW THAT LAW ALREADY IM ASKING ANOTHER QUESTION!!
Repossession
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By Margaret D, November 12, 2009 @ 1:30 pm
I wouldn’t leave if I were you because its not your fault
By paulred2, November 14, 2009 @ 5:18 pm
no sorry. The Foreclosure of the owners home voids your right to notice. He should have told you as a resident, but you aren’t necessarily entitled to the same length of notice as in the lease.
Generally a final notice of foreclosure will give 30 days notice but sometimes less. Whereas, notice on a lease could be set at a minimum of 3-6 months. basically, you got the wrong end of a bad situation. I would consult a property lawyer.
By wonderwoman, November 17, 2009 @ 9:04 am
No there are housing laws that protect you but move fast and don’t let the bank bully you! Tell em you got rights and you will Pursue them in court no problem! Call the housing court and if you have Sec 8 you definitely have rights! Start making calls look for volunteer lawyers project in your part of the world!
Smooches I’m praying for you all God Bless!
By surferchick, November 18, 2009 @ 5:17 pm
its illegal to open mail not addressed to you. you can go to prison for that. Anyway an official eviction notice must be hand delivered and you have to be given 30days. Until the owner, a rep from the bank or the sherriffs department shows up I wouldn’t worry about having to move in 8 days. However start looking around for a new place to live just in case.
By Gus, November 19, 2009 @ 8:15 am
In a foreclosure, the bank’s right to the property supersedes your own. This means they can evict you, and in most cases regarding homes and duplexes..they WILL evict you.
They cannot, however, just put your stuff on the street. They still have to follow the statutory eviction process, meaning they have to get a judgment in court granting them possession, then they have to get the sheriff to come out and remove you if you won’t go willingly. If they gave you 8 days to move, I would call them and ask for more time…still, you need to start looking right now.
By jenkinsmerit, November 22, 2009 @ 2:08 pm
As a tenant of a rental property if that rental property is foreclosed; it WILL be sold according to the laws of the state/county we you reside. Once it is sold to the highest bidder; 99% of the time that will be the bank; you WILL be given a Notice to Vacate the property. Banks are NOT in business to handle rental property and will NOT allow renters to stay in the property. Here in Nevada a renter is give 3 to 5 days to move after the Trustee Sale and the Bank is given title to the property.
The letter you opened addressed to the property owner; which is a federal crime for tapering with mail; was a form letter sent out by the bank in the foreclosure process. Once the bank gets title to the property they will send somebody past to inspect the property and if you are in it then you will get a official notice to vacate but again the time frame varies by state law.
By David Z, November 23, 2009 @ 4:22 am
your lease is invalid the date the foreclosure happenend.
You will be evicted and it will be on your credit report. You should move out before eviction.
By infinite crisis 247, November 24, 2009 @ 12:12 pm
notice to vacate should be both delivered and posted on the property. once this happens, the tenant typically has 30-60 days to vacate. if not, they will be evicted. don’t let it get to this point…start looking for another place to live right now. you should not have opened up the owner’s mail. your lease is voided when the eviction occurs and the bank will not allow you to stay…as selling a property w/ a tenant is harder.
By Landlord, November 26, 2009 @ 5:44 pm
You opened some one elses mail? You know this is a felony?
You are not being evicted, the mail is not even yours. You might want to think about getting a lawyer though, you not only opened someone elses mail, but it sounds like certified legal documents.