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Do I have to pay rent on a foreclosed house after it has been auctioned?

Having a dispute with a tenant or landlord? Rental Law discussion

Do I have to pay rent on a foreclosed house after it has been auctioned?

Postby wahchintonka48 » Sat Nov 19, 2011 6:40 pm

I am currently renting a house that has been foreclosed and will be auctioned soon. DO I have to pay rent to the previous rental company after it is auctioned or should I wait until the new owner or the bank contacts me? Am I braking any law in Arizona by not paying my rent to the rental company who does nt represent the future owner?
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Do I have to pay rent on a foreclosed house after it has been auctioned?

Postby laureano97 » Sat Nov 19, 2011 6:41 pm

Yes, you continue paying rent. The law requires that the new owner, likely the bank, hire the manager and allow you to continue renting at least 3 months.
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Do I have to pay rent on a foreclosed house after it has been auctioned?

Postby taryn31 » Sat Nov 19, 2011 6:52 pm

Do NOT put rent into escrow; this is not the same as paying, and will cause you to be evicted for non-payment! "Kemperk" continuously gives advice that would lead to a tenant's eviction or lawsuit.

As the other posters stated, you need to pay rent to whoever owns the house. Continue paying rent to your current landlord until you are told otherwise. The new owners WILL call you when they take possession to tell you where to send the rent. If they don't, and rent payments go to your old landlord after, say, the bank takes possession, then that is between them and your landlord. It has no effect on you.
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Do I have to pay rent on a foreclosed house after it has been auctioned?

Postby warton26 » Sat Nov 19, 2011 6:58 pm

You pay rent to whoever owns the house. So you pay rent to your current LL until he doesn't own the house, and then you pay rent to the new owner until if/when they kick you out.

You are breaking the law by not paying rent to the rental company, b/c they represent the CURRENT owner. Don't worry about the future owner until THEY become the current owner. You pay rent to where you always have until you get notice to do differently.
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Do I have to pay rent on a foreclosed house after it has been auctioned?

Postby edmondo93 » Sat Nov 19, 2011 7:03 pm

this exact topic has been bantered between courts and attorneys for
years; there is no best answer.

one good answer is--escrow the rent. That shows INTENT.

IF you are in doubt as to who owns the apts--contact the
county recorder. Anyone can knock on your door, as you correctly
state and ask for your rent and if they are not authorized, you lose.

Wait till either the new owners visits you and shows you a deed
that LOOKS authentic--or wait till you get a "pay or quit"
notice. This is only if the ownership is in question.

when you go to court, you give the court proof of your escrowing
your rent BECAUSE you have great doubts who the owner is.
YOU give the court your data that shows that the ownership was or is in question. WHEN the judge is satisfied with who he feels the new owner is, he will direct you to pay that money to that person.
Obviously that person will be in court or their legal rep will be.
I am doubting that a judgment will be rendered; I am claiming
it will be vacated--as soon as you pay the rent so that
you have no judgment against you.

available to guide u further
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Do I have to pay rent on a foreclosed house after it has been auctioned?

Postby jolie95 » Sat Nov 19, 2011 7:04 pm

You must continue to pay rent to the same owner until you are notified who to pay rent to. It is illegal to live somewhere and not pay rent. That can get you evicted. Every state.
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