Jump to content
[[Template core/front/custom/_customHeader is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]]

Ant tenants rights lawyers here?


Randall
 Share

Recommended Posts

This is my landlady. She was arrested and owes me 6 months of rent for work done. They are foreclosing on one house she owns and she is selling mine to get money for court.

 

I don't want to move for about 3 months because it is my busy season. She owes me $2000 so i will put a lien on this property as it is for sale.

 

Cn I delay letting people in to look that may want to buy?

 

How long can I delay if it is sold? Any advice would be appreciated. Thanks.

Link to comment
Share on other sites

I am not sure that I understand. You were doing work in exchange for rent?

 

Its not your property, so I don't think that you have any rights, other than to attempt to foreclose on your lien (construction lien)?

 

EDIT: I really didn't mean "any rights." You probably have no right to interfere in any real way with the sale. You probably will have to cooperate (reasonably) with the attempts to sell the building.

Edited by Furd
Link to comment
Share on other sites

My guess is if the house is in foreclosure you will not be able to put a lien on it, and if it isn't in foreclosure and you got the lien on the house, if there were any others on there they would get paid before you unless they would subordinate to your lien which I doubt they would. And unless there is some equity in the house I doubt you would get paid anyway. I'm not a professional but sounds like you may be screwed to me unfortunately.

Link to comment
Share on other sites

If you file a claim as a creditor, which gets reduced to a judgment, you can then turn around and file a lien on her property that will go into a system of priority with any other liens. Best of luck there, you'll likely spend more in attorney fees than you're trying to collect.

 

As far as denying access, I doubt it. Most standard leases require tenants to permit the landlord and their agents, asigns, and successors reasonable access to the property for a (usually) wide range of things. Deny someone access and *you* could be breaking the lease and wind up subjecting yourself to unneeded headaches. What you *may* not have to do is pay any rent in the mean time. Some states have "repair and deduct" rules where if you do work, you can deduct the payments you're owed against the rent you owe to the landlord. Might take a few months before you get straight with her on that basis (assuming your local law permits doing so in the first place), but it's a pretty painless remedy if it's available to you.

Link to comment
Share on other sites

If you file a claim as a creditor, which gets reduced to a judgment, you can then turn around and file a lien on her property that will go into a system of priority with any other liens. Best of luck there, you'll likely spend more in attorney fees than you're trying to collect.

 

As far as denying access, I doubt it. Most standard leases require tenants to permit the landlord and their agents, asigns, and successors reasonable access to the property for a (usually) wide range of things. Deny someone access and *you* could be breaking the lease and wind up subjecting yourself to unneeded headaches. What you *may* not have to do is pay any rent in the mean time. Some states have "repair and deduct" rules where if you do work, you can deduct the payments you're owed against the rent you owe to the landlord. Might take a few months before you get straight with her on that basis (assuming your local law permits doing so in the first place), but it's a pretty painless remedy if it's available to you.

 

Great info here. :D

Link to comment
Share on other sites

I agree with Yo, but would add that any purchaser of the property would typically take the property subject to your leasehold rights ...

 

Right, because any liens would run with the land. That is, the recorded lien would be on title... and would be transferred to any subsequent property owner.

Edited by darin3
Link to comment
Share on other sites

Yup. Both the lien, and the lease.

 

True, but a savvy purchaser may be able to get the title company to remove the lease from the list of Schedule B exceptions if it was terminated or expired. The lien, however, would certainly stay.

Link to comment
Share on other sites

True, but a savvy purchaser may be able to get the title company to remove the lease from the list of Schedule B exceptions if it was terminated or expired. The lien, however, would certainly stay.

 

I'll have to trust you on that part, as I do not know one way or the other. But what I know for sure is that if the owners change during the term of the lease, the tenant's rights under that lease remain the same regardless of the change in real property ownership. So Randall probably can't be forced to move before the natural expiration of his lease, regardless of when the property is sold.

Link to comment
Share on other sites

I'll have to trust you on that part, as I do not know one way or the other. But what I know for sure is that if the owners change during the term of the lease, the tenant's rights under that lease remain the same regardless of the change in real property ownership. So Randall probably can't be forced to move before the natural expiration of his lease, regardless of when the property is sold.

 

Hmm, I would have to go back and re-read Randall's initial post and perhaps the link he referenced.

 

All I know is that when I perform a due diligence investigation on a piece of property, we have a real estate attorney review the title report and they generally try and remove any exception to title they can. This would certainly include terminated or expired leases.

 

If the lease in question is still valid, then you are correct... it would continue to run with the land in addition to the lien.

Link to comment
Share on other sites

I was getting all upset when I saw this thread until I realized he meant AntI-Tenants rights and not ANT tenants rights.

 

Ants have no rights. I had the quarterly spraying done today to ensure it.

Link to comment
Share on other sites

OK thanks. I don't want to deny access for sale, just get some notice. I told them to give me 24 hours. I will put a mechanics lien on 2 properties because it was for work on both. Don't expect much, but will do it anyway.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...

Important Information