Legal Question in Real Estate Law in Virginia

Foreclosing on House I'm renting

I am living in a house that is in the process of being foreclosed on. The owner has received several letters on the door and in the mailbox saying this. The owner has a property management company handling the property, which I informed of the letters. My lease is up May 31st. They Prop Manager will not return my calls. I've waiting for 2 weeks to hear back as to whether or not they will allow me to get out of the lease early. I also recieved a call 3 days ago from a Real Estate Agent asking to come by the next day to put a lock box on the door of the property. She went on to say the owner wants to try to short sale the property. The lease clearly states they are not allowed to put a lockbox on the door until 90 days from the end of the lease (the beginning of March). Her response to me was ''that's only about a month away''. I have left several messages with the property manager. None have been returned. I just want out!! However the lease states that I need approval from the owner in writing to break the lease. I feel that he has already broken the lease by not paying his mortgage and leaving me to deal with his creditors coming to the door. Can I legally break this lease without repercussions?


Asked on 2/02/09, 3:22 pm

1 Answer from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

Re: Foreclosing on House I'm renting

If you want out because of the foreclosure, you might want to reconsider.

The new owner will take the property subject to the lease that you have. So you could stay undisturbed until the end of the lease, no matter who owns the house.

Answering your question depends upon what exactly your lease says, how it is written.

But quite likely if the owner cannot offer you his ownership of the house, then he has broken the lease, or will break the lesae when it goes into foreclsoure.

One would have to study the lease very carefully.

While you will probably not have any problem if you leave under these circumstances, ther eis some risk. What if he comes up with the money to cure the mortgage and it never goes into foreclosure?

If the owner will not talk to you, I think that you should confront the realtor and say you wil not allow the lock box to remain or cooperate in showing the house UNTIL the owner answers you on this question.

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Answered on 2/02/09, 4:17 pm


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