Tuesday, November 22, 2011

Legal Advice: Apartment/Tenant/Squatting?

I live with a roommate on the first floor apartment of a 3 apartment complex. The landlord/owner of the building had to foreclose/bankrupt/fled the country.





We dont' pay rent as there's no one to pay rent to, the bank hasn't said anything or made any request. The attorney handling the case says it's legal we are here and when the place is purchased we'll be able to negotiate the rent and stay or be evicted.





So a scam artist came around trying to collect rent when he saw the building for sale and most of the tenants paniced and left. The guys on the nicer 3rd floor apartment left when the scam artist came asking for his rent/back pay. They gave me the keys to the apartment when they left.





I was going to move into the 3rd floor apartment from the 1st by myself. I still won't pay rent (until it's legally and legitamately purchased), but I will however put the utilities in my name and continue paying them as I have been.





I'm sure i'm not ';suppose'; to do this, but are there any type of major rammifications? Also, the original landlord kept NO paperwork so it'll be hard to prove anything one way or another. Including how long I've lived in the 1st floor or anything.





I fully intend to pay rent or be evicted when a legitamate owner presents himself, but until then I figured mine as well live in a nice bigger better apartment?Legal Advice: Apartment/Tenant/Squatting?
You might be playing with fire by moving because squatters rights, as I understand it, has to do with being in the same place for a certain length of time. If you change apartments and utilities, etc., could turn into a liability to you someone more clever comes up with. As far as the scam artist, I'm surprised anyone fell for it. Until you're issued formal documents that indicate the new legal owner, ergo landlord, to whom you should pay rent, you don't have to worry about it EXCEPT, maybe, if the former landlord decides he wants the money. The disposition of the property has nothing at all to do with your tenant agreements. The landlord could potentially come back and decide he wants all that rent. He can't evict you because he doesn't own the property, but he could win a judgment that you still owed the money and should have held it aside until you were provided a new remittance address.





But be prepared that when the time comes, it will all run on their schedule, and not yours, when it comes to getting deposits and rents. If I were you, I'd just start channeling the energy into finding a new, legitimate place to live rather than live on a razor blade waiting for the axe to fall.Legal Advice: Apartment/Tenant/Squatting?
That would be trespassing. When property changes ownership, either by sale or foreclosure, the new owner must honor existing leases. I recently found an interesting related site; www.sftu.org/sale.html. If foreclosure hasn't been completed you legally owe rent to your landlord (owner). You must make an attempt to remain current on you rent payments.





realtor.sailor
well wht i say to dat is..were u live.. i wana come check it out some time..and mayb look u ovr to;)
There is an owner, there is ALWAYS an owner. In this case, it sounds like the bank.





The bank can come to you at any time and force you to pay rent, as well as suing you for back rent. Are you prepared to pay the rent on the apartment you're moving into from the period the bank took possession.





This is really risky, I'd stay where you are, at least you have a legitimate reason for being there.

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