Discussion in 'Current Events' started by SpidermanTuba, Jun 2, 2010.
Connecticut Attorney General Steps Up Tenant Protection HousingWire
Why should someone be able to stay in a house they haven't paid for?
Because they signed something called a lease. As long as they haven't violated the terms of the lease they should be entitled to stay for the length of the lease.
If banks want to finance the mortgages on rented property then the banks should have to honor any valid leases - just as if the property had been sold to a new owner.
Otherwise, they should have a priority claim against the old landlord and get a stake in the bankruptcy settlement.
??? I'm not really sure what you're talking about. The tenant protection act protects tenants, not people with mortgages. Tenants aren't supposed to pay for the house, that's the landlord's job last I checked. Tenants pay rent.
Why should a person who is paying rent and abiding by the rules of their lease be kicked out?
They most likely ARE paying their rents, the owner(s) of the complex are the one(s) who weren't paying the bills ,and the bank foreclosed on them, not the tenants. They, the bank, are supposed to give 90 days notice, and to protect themselves, the tenants should open an escrow account and deposit the monthly rent, put simply, just in case. That's my take on it.
In my state you can actually sell a house out from under a tenant. The lease is with the landlord, not the land.
If a tenant has a lease with a landlord, and the landlord sells the house, the new owner doesn't have to honor the lease. They can immediately evict the tenant. The tenant would in theory be able to recover damages from the original landlord for breach of contract, but the new owner would owe the tenant nothing.
The exception is if the tenant files the lease in the public records - for a fee of $60. Hardly anyone does this. Once the lease is in the public record - it becomes a contract that goes with the land. Any new owner would have to honor it (and such a publically filed lease would turn up in a title search so its not like the new owner wouldn't know there's a tenant)
So oddly enough, in Louisiana, tenants in foreclosed homes have more protection than tenants in homes that are sold in any way other than foreclosure.
A lease should have a clause that allows either party to end the agreement with sufficient notice. And the short answer to your question is a tenant can be kicked out because he doesn't own the house.
And if a tenant breaks any condition of the lease, he should be out on his ass.
But the way the laws are in some states, Assachusetts to name one, tenants who don't pay rent can't be evicted until the landlord jumps through hoops for months all while collecting no rent and restitution for back rent and damages is never received.
But if a tenant has been paying his rent regularly, why should he be penalized because the landlord was in default. In the case of a foreclosure, the landlord (now the bank) will end the agreement with sufficient notice...sufficient notice being 90 days.
Not anymore. He has 90 days or the rest of the lease, whichever is shorter.
That's kind of up to the owner of the property, not you.
Don't work like that here. Eviction can take place in as little as 3 days. Landlords paradise.
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