Legal Question in Real Estate Law in Maryland

Foreclosure

I am a tenant of a house that was forclosed (the owner didn't pay the mortgage). He hasn't paid it since Feb and we signed the 1 year lease in April (we have been there for only three months). Is he liable for breach of contract, and/or refunding rent payments and security deposits (since he wasn't paying the mortgage)? The house is being transferred to HUD...what are our chances of renting from them, or do we have any other options to stay? (we really want to stay in this house) Also, how long is the minimum notice before you can be evicted in MD?


Asked on 8/03/00, 11:51 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Foreclosure

The former landlord is liable to you for breach of the lease, but I suspect you will not collect -- otherwise, why would he have let the house be foreclosed upon.

HUD may be willing to let you stay on month-to-month, but it is doubtful they will lease to you for a longer term. They may well be willing to sell to you on favorable terms, though. Can't hurt to contact them and ask.

Since you do not hold a valid tenancy as to the new owner, you are tenants at suffrance, which means there is no notice requirement and eviction proceedings can be commenced immediately. They could have you out in less than a month if they wanted to.

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Answered on 9/12/00, 10:40 pm


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