Legal Question in Real Estate Law in Virginia

Foreclosure

I have a friend that has been renting the basement of a home for since April-08. He has since learned that the home is being foreclosed. There is not written lease and he has no receipts to prove he's been paying rent or that he gave the lady a security deposit. He learned of the foreclosure on Aug. 26 and was told he has to be out by Sept 13. What options does he have of getting his security deposit back and since he did not have a 30 day notice can he also request to get the last month rent back


Asked on 9/05/08, 1:55 pm

2 Answers from Attorneys
Susan Allen The Law Office of Susan E. Allen, PLLC

Re: Foreclosure

There are few options for your friend. He could hold out in the basement and force the person purchasing at the foreclosure to file an unlawful detainer and get a writ of possession, but he would be merely putting off the inevitable.

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Answered on 9/05/08, 3:27 pm
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Foreclosure

In addition to the answer already given, your friend might offer to move out quickly in exchange for a return of the security deposit. This is sometimes called "cash for keys". Also, your friend might be able to sue the landlord for recovery of the security deposit.

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Answered on 9/06/08, 9:41 pm


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