Legal Question in Real Estate Law in Maryland
Why do I have to move?
I live in a home that was rented to me and I paid my rent every month. I signed a lease. Come to find out that there was some type of fraud going on between the manager and the property owner. The house went to foreclosure even though they took my rent. I am being forced to move out because the house went up for auction and new owners have taken over. What are my rights? Can they just evict me and my family? If so, how long do they have after the hearing date to evict us?
2 Answers from Attorneys
Re: Why do I have to move?
You left a lot of information out of your letter or misstated the facts, making it difficult to answer. You stated there was a foreclosure. This implies that the owner didn't pay the mortgage and the lender foreclosed on it, thereby taking title to the property. It would not result from a dispute between the owner and the manager, unless the "dispute" resulted from the failure of the manager to pay the mortgage.
The other thing you left out is how long you've lived in the property, and whether the original lease is still in effect, or you're past the original lease period and are on a month to month basis now. If the latter, you're only entitled to stay for 30 days after being given notice to vacate. This would be the case regardless of what happened. If the original lease or a subsequently signed lease is still in effect, and the manager signed it with the owner's authority, or the owner signed it directly, you may have the right to remain until the lease expires, unless the mortgage document (known as a deed of trust) had language that effectively voided any leases made by the landlord/owner upon default.
As you can see, this is a complicated issue, and I suggest you have a consultation with a real estate attorney and let him/her look at your lease and make some inquiries on your behalf.
Re: Why do I have to move?
You indicate that there is some type of fraud and this is an ambiguous matter. Fraud is not an easy matter to prove.
It appears that you may be a holdover tenant which would entitle you to a month to month tenancy. On the other hand, if a lease was in effect then it must be honored by the new owner except where a contrary provision appears in the deed to the property and typcially such must be prominately indicated within the lease.
Practically speaking, it appears that you will not be able to maintain residence beyond any lease that may be in effect and enforceable. Why wait for eviction? Notify the new owner of your situation and seek reasonable accomodation.
Contact an attorney for advice on how to handle the matter.
G. Joseph Holthaus III
(410) 799-9002
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