Legal Question in Real Estate Law in Missouri

foreclosure on rented property

The property that I am renting is being foreclosed on. I was not notified by the landlord of this. The sale date is November 13, 2002. I am sending the lawyers that are handling the foreclosure a copy of my lease and also a letter. My lease is renewable after one year and this is the second year. What are my rights. And what is the landlord's obligations to me as their tenant. Also, the property is not in the landlords name.


Asked on 10/18/02, 2:01 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: foreclosure on rented property

You appear to be on very shaky ground. You are in a lease to rent property from someone who does not own the property. Unless your landlord is acting as the owner's agent, you have little right to remain on the premises.

Obviously you should not be paying any more rent to the landlord. What you may do to remain will depend greatly upon the lawyers' response to your sending them a copy of your nearly worthless lease. Perhaps they will allow you to stay by having the creditor assume the lease. If that occurs, you should be able to stay for the remainder of your lease when the new owner takes over. This may all be subject to the terms of your written lease. You did not post it, so I do not know if it changes what I have told you.

Noone has the right to take your things and put them out on the curb, without going through the pproper eviction process. However, unless the foreclosure attorneys tell you you can stay, you should start looking for a new place to live.

Good luck, and let me know if you need further help.

Tony Smith

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Answered on 10/20/02, 8:24 pm


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