Legal Question in Real Estate Law in Colorado

Forclosure on a rental

Hi, I live in Colorado State and I have been renting a home for over a year now. At first, we were on a month to month rental, but in September of last year, my landlord gave me a 2yr lease. My problem? In December 07, we received notice from the mortgage company that the home was under forclosure. The original sale was set for 1/30, but the landlord has filed Bancruptcy and the sale is now set for 2/27. He is demanding rent although he has not cured the default. The first of Jan., I let him know (on paper) that when he provided proof that he had cured the default, we would gladly pay him the back rent ( we have it in savings). We never heard a word from him until I called him on 2/16. Now he is threatening eviction for non-payment of rent. Where do we stand on this?


Asked on 2/16/08, 5:20 pm

1 Answer from Attorneys
James Waite Winters & Waite, LLC

Re: Forclosure on a rental

If the landlord has filed a Bankruptcy, it would be wise to start by checking with the U.S. bankruptcy trustee to find out whether the house is included in his bankruptcy estate, and if so, whether the U.S. trustee is handling the rent/eviction issues. If so, you may need to pay the trustee, rather than your landlord: For information, go to: http://www.usdoj.gov/ust/r19/index.htm

If you receive a "3-day Notice to Pay or Vacate" from either your landlord or the bankruptcy trustee, then you'll typically have 3 days to pay before an eviction suit can be filed. In this instance, you need to know which party (the landlord or the bankruptcy trustee) should be paid before proceeding, though. So, I'd recommend investigating that thoroughly first, as you don't want to pay the wrong party.

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Answered on 2/17/08, 10:19 am


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