• I have lease on a property that’s going to foreclosure, do I have to still pay rent? To who?

I pay every month to a realtor company who collects the rent from us for the owners, and I still have a lease also which was it just renewed a couple months ago . then I received a letter taped to my door) from the court saying the owners of the house have not paid their house in over a year and it’s going on forclosure what do I do ? do I still continue paying the realtor? Where’s my rent going to? Can I get evicted? I don’t want to get bad credit with the reality company, I need to get time to get money saved for a new place, what about my rights? What about my lease agreement and move in fees I paid?
Asked 9 months ago in Property Law
Religion: Other

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9 Answers

You'll have to file an intervention application in the DRT where the case against the builder is being adjudicated wherein you can pray that the rent be directly deposited to the bank and for them to not take physical possession of the property. 

 

Siddharth Jain
Advocate, New Delhi
6010 Answers
101 Consultations

5.0 on 5.0

You continue to pay rent as per terms of lease deed 

 

2) inform the company about notice affixed in your door 

 

3) you would not be evicted summarily 

 

4) owner liability to settle the dispute 

Ajay Sethi
Advocate, Mumbai
88406 Answers
6234 Consultations

5.0 on 5.0

Yes you need to pay the rent to the landlord till you are staying and occupying the same. If bank possess it then to the bank

Prashant Nayak
Advocate, Mumbai
27600 Answers
88 Consultations

4.4 on 5.0

If you have a legally valid lease then you canot be evicted by the lender company for any reason till the expiry of the lease agreement period.

You can remain in the same premises till then.

But make sure that you keep remitting the monthly rental amount in the usual manner till then because default in rental payment would disable yo to continue the lease and you may be liable to evicted for willful default of monthly rental payment if the default is two months or more.

 

T Kalaiselvan
Advocate, Vellore
78567 Answers
1557 Consultations

5.0 on 5.0

the information provided is just too limited

i would like to have a look at the lease agreement

it appears that the realtor is collecting the rent on behalf of the owner, however the rent is not being passed to the owner 

if you have regularly paid the rent then you cannot be evicted

it needs to be seen how the realtor is dealing with the rent money paid by the lessees/tenants 

is there any privity of contract also between the owner and the realtor?

Yusuf Rampurawala
Advocate, Mumbai
6945 Answers
79 Consultations

5.0 on 5.0

- Since, you are paying the rent to the said realtor company , then due to owners default in payment , you cannot be evicted directly and without passing a decree from the court. 

- The owner can settle the matter with the realtor company , hence you should not stop payment and you are also entitled to claim the paid Fee accordingly. 

Mohammed Shahzad
Advocate, Delhi
10057 Answers
122 Consultations

5.0 on 5.0

1. Things are not clear from your query. If you are the lease holder of the premise you are occupying, does your lease agreement specifies that you shall have to pay the lease amount/fee to the specific realtor company?

 

2. Court does not issue letters, it issues Summons. The advocate of the petitioner issues letter to the respondent. Who has issued you the letter?

 

3. If the lessor has filed an eviction suit against you for which you have received the Summons or the lawyer's letter alleging that you have not paid the lease amount for a certain period of time, then you shall have to contest the allegation by submitting reply that you have already complied with the terms of the lease agreement and have paid the monthly lease amount regularly to the mutually agreed realtor against collection of receipt.

Krishna Kishore Ganguly
Advocate, Kolkata
26700 Answers
726 Consultations

5.0 on 5.0

Dear client, 

There is a chance you might have been the victim of fraud by the realtor company. Approach the owners and ask them about this.  Explain your situation, file a complaint against the realtor company. If it does turn out to be fraud then you will have to pay the real owners the money they are owed. I would suggest contacting a lawyer to ascertain proper details on what more you can do. 

Thank you. 

Anik Miu
Advocate, Bangalore
5027 Answers
53 Consultations

4.9 on 5.0

I would suggest that you keep paying the monthly lease amount as usual maintaining the receipts and as long as you are not defaulting and your lease period is not over, they cannot take physical possession as the dispute is between the owners and the banks. 

Sanjay Narayandas
Advocate, Hyderabad
101 Answers

5.0 on 5.0

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