Legal Question in Landlord & Tenant Law in Michigan
Foreclosure and tenants responsibility to pay rent
I have a property that is going into foreclosure due to the fact that I had an arm which adjusted to an interest rate that the payment can not be met. I have renters in the property who were paying but have found out the house has gone into foreclosure and have said they are not going to pay rent. They went to the sheriff sale to try to purchase the home but the bank would not budge on the sales price. The bank says I have until Sept. 08 for my redemption period, in which i will try to sell. But in the meantime, doesn't the tenant still have to pay rent? I am still paying the homeowners insurance on the home, but not the mortgage payment. What are my rights to receiving rent?
1 Answer from Attorneys
Re: Foreclosure and tenants responsibility to pay rent
It sounds like they think that they can live for free because you are in breach of your agreement to purchase on a land contract with them. However, in order to get any damages from you, they would have to sue you or settle with you. They cannot just offset their damage by not paying rent.
They do have to pay rent and are not unilaterally entitled to live in the house for free. Give them a 7-day notice of eviction.
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