Civil Case- Tricky Eviction

Question

Let’s say, for instance, that a person is renting a home from someone who has died. However, the alleged landlord is the son of the deceased owner of the home.

Only problem is that this son has never had the estate of his father opened. Now the bank has gotten involved because the landlord (son) has not made a mortgage payment. In a couple hundred days.

House is going into foreclosure, now the tenant (T) has stopped paying the landlord (son)rent for that home started paying the actual bank; however, T has received an eviction notice. On the day of court, T shows up with the death certificate of the homeowner, also the “deed” that shows whose name is on the house.

Current bank statements showing the number of days and amount the mortgage is passed due. Along with statements showing, that you have been faithfully paying the rent over the past year or so.

Can someone legally be evicted from that home, if they have stopped paying the landlord rent and started sending the monthly amount straight to the bank that holds the mortgage.

Remind you, that the tenant has an agreement with the bank. That he/she will pay the monthly mortgage payment.

Does that tenant have any legal rights?

Answer 1

In most jurisdictions a tenant has protections against eviction as long as the tenant continues to pay the rent and otherwise comply with the conditions of the lease or rental agreement. This applies even when ownership of the property passes by sale or foreclosure. In many jurisdictions there are limited exceptions to this general rule. For example, in some jurisdictions a new owner who intends to personally occupy a residence may terminate an existing lease, although the new owner could not terminate a lease with intent to rent to someone else, even at a higher rental.

The tenant should normally continue to pay the landlord until and unless authoritatively directed to pay someone else, (such as a new owner or a manager) and should not simply make mortgage payments on behalf of the owner.

If the tenant was attempting to meet his or her obligations in good faith, a court might well take that into account and give protection to the tenant, even if the tenant's actions were not strictly correct. But that will depend on the specifics of the law of the relevant jurisdiction.