Legal Question in Real Estate Law in United States Minor Outlying Islands
Renter Lease
I purchased a house last year and made a verbal agreement with a third party to have them pay off the monthly mortagage. They have been deliquent or late on their payments. The house is now in foreclosure and I've made several attempts for them to vacate the premises but they refuse to acknoledge the written letters and voice messages I've left them. Do they have the right to sue if they are evicted?
1 Answer from Attorneys
Re: Renter Lease
Where is the house? Your question is quite unclear as to where it is, and that determines the applicable laws. What does NUS-UM mean?
If California law applies, the verbal agreement with a third party may be difficult or impossible to enforce; such agreements generally (but not always) must be in writing and signed by the party you seek to enforce it against.
Sometimes it is necessary for a party with the superior right to immediate possession to sue a party in possession, without right. Such suits are usually brought as unlawful detainer actions. A person who is evicted by the new owner after a foreclosure sale does not have any reason to sue the new owner if the new owner follows a proper eviction procedure.
On the other hand, a former tenant who has been evicted due to the former owner/landlord's allowing the property to go into foreclosure may sue the former owner successfully for said former owner's breach of the lease, and possibly for other claims such as "rent skimming."
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