As the renter, can I sue the property owner for foreclosing on his property?

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Question:

As the renter, can I sue the property owner for foreclosing on his property?

Answer:

As a renter, you can sue the property owner when their property has been foreclosed on. You can sue the renter because of a couple of reasons. One example of a reason, or right to sue, is that the new owner wants you to move out so they can occupy their property. Another reason is what Nolo, calls the “covenant of quiet enjoyment”. This means that when you signed the contract with your landlord, he or she was legally bound to provide the property for the entire lease term.

Thus, once your landlord defaults on the mortgage this ends the covenant of quiet enjoyment and terminates the lease between you and the landlord. You then have cause to sue your landlord. In other words, because all of the default and foreclosure, you incurred to damages.

Typically, your local small claims court is the place to go to file a lawsuit against your former landlord. When you file the lawsuit you can sue for a variety of damages. For instance, you may include the cost of searching for and apartment and the application fees involved. You can also sue for the difference between the new rent you pay and the amount of rent you paid under the old lease--if there‘s any difference, according to Nolo.

So, talk with a lawyer about first in time first in right and suing your landlord. Also, your lawyer will advise you the steps you need to take if you are trying to sue your former landlord.

References:

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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