Legal Question in Landlord & Tenant Law in South Carolina
lease home from realty,owner in forcloser
we leased a home from a relator,someone showed up with forcloser papers,relator had no clue as to what is going on,we''ve never been late with rent,and are 9months into our 2nd year of leasing.what are our options? will we be force to vacate the property immediately? or will we be given� a chance to relocate,what about my deposit? am i obligated� to continue my lease agreement? will i be able to� stay out my lease,what obligation does the leasing company have toward me?We pay $1100.00 a month and have a $1100.00 security deposit.
1 Answer from Attorneys
Re: lease home from realty,owner in forcloser
You probably need to see a lawyer in SC with a good understanding of property law. This is an area where specific state statutes or common law decisions may hold the answer to your question. You need to take the lawyer a copy of your lease and a copy of the foreclosure papers if you have a copy.
The realtor is acting as the agent of the person who owns the property. The owner probably has failed to meet his financial obligations. The bank or mortgage company wants the property in order to sell it and discharge the debt. You are likely going to be asked either to (a) leave the residence or (b) start making payments to the foreclosing entity. This is a matter of state law that I cannot answer.
You certainly need competent legal representation. If you are thrown out of the house you will get a reasonable amount of time (several weeks likely) to look for other accomodations. You may then have a claim against the property owner for damages for breach of the lease.
But you should see a lawyer on this immediately.
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