Legal Question in Real Estate Law in Connecticut

Tenant/Foreclosure

I own(ed) a home in Connecticut that I lost to Foreclosure this past Spring. Shortly thereafter, I signed a lease on a rental home. With bad credit because of the foreclosure, I had to put down an inordinately large deposit. I need to be out of my foreclosed home by Nov. 3rd and was all set to move into the new home in two weeks when a foreclosure sign went up on the home I am moving into. The landlord 'claims' that it is just a mistake and that they are working it out with the bank, but I don't want to move in there. What could/should I do? What remedies are available to me?


Asked on 10/09/08, 10:54 am

1 Answer from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

Re: Tenant/Foreclosure

You should look up the case on the CT Judicial Branch Website using the party name search query (your new landlord's name)and find the lender's attorney's name.You can call that attorney and see if he/she will give you more information. You can try to call the lender (the plaintiff) and see if the lender will speak with you and provide you with more information. Finally, you can speak to the attorney who's name is on the foreclosure sign. (the Committee who actually handles the foreclosure sale)Lastly, there will be a document (or two) filed in the foreclosure action showing that they worked it out and the foreclosure judgment will be vacated. (You can look at the court file at the courthouse)

I don't know what city you are moving to, but there are so many foreclosures now that the lenders are working as many deals as they can to allow homeowners to keep their homes. Many times, even if the foreclosures are worked out, they end up back into foreclosure again. Therefore, it is possible that even if the landlord works it out, he/she could end up back in foreclosure again.

You should read the lease and see if there is any language allowing you to get out of it. Finally, if you don't want to rent it, ask the landlord to return your money. I am not sure if you can get out of it. Finally, if you decide to, or have to move into that house, ask the landlord for some additional language in the lease that allows you to move out and break the lease if the house goes back into foreclosure without resolution.

You should know that the law protects you as a tenant in a foreclosure action. If the house does end up in foreclosure without resolution, then either the lender or the person who bids at the foreclosure sale and wins, will become your new landlord under the existing lease. Your security deposit is protected by statute just as if the successor landlord is the original landlord.

Lastly, by law, the landlord is limited to how much he/she can require for a security deposit. You state you had to put down an inordinately large deposit.Under CT law, if you are under 62, the landlord is limited to asking for two months periodic rent in addition to the current (first) months rent. If over age 62, it's one month periodic rent in addition to the current (first) months rent.

If the landlord required more than the above, I think you may be able to get out of that lease.

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Answered on 10/09/08, 3:38 pm


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