Legal Question in Real Estate Law in Indiana
My landlord and I had an oral agreement without a lease. my landlord lost the house I'm renting due to mortgage default, the bank has put the house up for short sale and it is also going up for a sheriff's sale on february 7th, two nights ago my landlord (not the bank) and his wife show up unannounced and tell us we need to pay them rent for january, a security deposit, and we have to leave by february 5th ( even though they haven't been the homeowners for several months) what are my rights, do I have any rights?
2 Answers from Attorneys
An oral lease is a mont hot month lease and requires 30 days notice. Most mortgages have an assignment of rents clause and chances are that there's does also. The bank may be entitled to the rents. I would not pay him anything.
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