Legal Question in Civil Litigation in Ohio

I have a residential lease. Just discovered that my landlord is in foreclosure on the mortgage. Also, is Deliquent on the property taxes and the home owners association fees. It is past the 28 days to respond to the filed complaint for foreclosure. need help . What can I do legally at thi point?


Asked on 7/18/11, 10:00 am

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Dear Inquirer: Consult and retain an experienced Attorney, ASAP..

Under the laws of Ohio, you are entitled to remain in your leased premises for the duration of the lease, and you cannot be "evicted" for non-payment of the rent, maintenance fees, or delinquent taxes. .

For your own protection, you should consider immediately witholding all rent payments from the owner (your landlord), and place these funds, each month, in a special account for future disposition, upon Counsel's advice and instructions. Above all, do not pay your landlord.

Since the foreclosure is against the owner of the property, and not against you, personally, according to the facts presented in your inquiry, you have no standing (right) to appear or respond to the foreclosure - your landlord should do so if he/she/it wishes to retain the property or keep it from judgment in foreclosure, and the Sheriff's sale.

Even after judgment of foreclosure and a Sheriff's sale, which ,may not occur for more than 12 months from today, or a month after the actual judgment and sale, when the Court you may still occupy the premises until your lease term expires. Even then you will be affiorded a reasonable time to move out.

Please consult and retain an Attorney to protect your rights and interests. Good luck!

Sincerely, J. Norman Stark, Cleveland, Ohio, .

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Answered on 7/18/11, 10:46 am


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