you are the borrower being foreclosed on, you may want to visit
ForeclosureFights.com for more information there. It may also be
the case that your (former) Landlord was foreclosed on. Sometimes you
may become aware of this during the pendency of the foreclosure, which
can be a long process, or you may only learn of it afterward.
The property could wind
up in the hands of the bank, a professional investor, someone looking
to live there or the old owner could manage to keep the place.
an Attorney Can Help:
If the foreclosure is pending BE CAREFUL WHO YOU
PAY. Sometimes tenants are faced with conflicting rent demands from the
person who rented them the place and other parties like a receiver or a
bankruptcy trustee. A receiver can be appointed by a Court to collect
the rent during the foreclosure. You need to be able to ascertain the
legitimacy of his papers, and whether they are still valid. You don't
want to pay the wrong person and wind up paying twice.
An attorney may be able to help obtain repairs, and
keep heat and utilities on, during the foreclosure.
After the foreclosure you may still have rights depending
on your status. Rent regulated tenants are in a strong
position. Even if all you have is that you have been there more
than 30 days, that is something. You need to have some evidence of your
status and it is best to have at least some of it outside the place. If
the new buyer changes the locks while you're at work (or if the co-op's
doorman does not want to let you upstairs anymore) you may be able to
get a judge to put you back in, but this will be complicated if all of
the evidence you need to prove how long you've lived there is
locked up in the place.
Just because someone says "I bought the place. Get
out." may not mean that you have to get out. You may be able to fight
them regardless of whether they are looking to move into the place
personally or even if it is the co-op itself you are fighting.
If you are willing to get out, Investors and banks
are often willing to pay "Cash for Keys" or perhaps you might need time
to vacate. An attorney could help you negotiate terms for such
settlements and make sure your rights are protected.
Lastly, if you really like the place and if you
have financial resources, an attorney could help you make a proposal to
buy the place, either as a Short Sale (buying from the borrower
pre-foreclosure) or from the new owners post-foreclosure. You may
even consider bidding at the foreclosure auction itself, though there
are strict conditions associated with that.
Disputes Among Roommates:
can get very personal and nasty. It is best if they can be resolved
without litigation, but sometimes the other person isn't reasonable.
Assuming one of you has a lease, that person(s) is the Tenant of
Record. Someone else paying rent to the Tenant of Record is essentially
a tenant of the tenant, or an undertenant. This is true in the case of
roommates as well as sub-tenants.
Roommates have rights too.
Roommates who have lived in a place for over 30 days cannot be locked
out without being taken to Court. If they get locked out, they can
bring an Illegal Lock-Out Proceeding against their "Landlord", the
Tenant of Record. In Rent-Stabilized apartments roommates cannot be
charged more than their proportionate share of the legal rent (there is
a formula for calculating this). If the roommate is overcharged by the
Tenant of Record then the roommate can sue for rent-overcharge.
Of course, these roommates must be able to prove how long they
have lived in the place and how much they have been paying. Such
proof should be safely stored SOMEPLACE ELSE where opposing parties
cannot get at it.
Any person having or
claiming an interest in the space can answer an eviction case. You
don't have to be the Tenant of Record. You don't have to be named as a
an Attorney Can Help:
can help you ascertain what your rights are and what steps you may need
to take to secure them. An attorney might be able to help
negotiate a settlement which may even be reduced to writing. It is best
if the dispute can be resolved without going to Court and without the
Landlord finding out. Often it winds up that the Landlord is the winner
of these disputes, as the Tenant of Record and the roommate publicly
throw accusations around. A rent overcharge on a rent-stabilized
apartment is grounds for the Landlord to evict EVERYBODY.
does go to Court, you are even more in need of an attorney. Rather than
the usual Landlord v. Tenant you have this complex multi-party free for
Sometimes, in rent-regulated apartments, the
Landlord is willing to offer substantial cash to "buy-out" the Tenant
of Record. As part of such deals the Tenant of Record must surrender
the place "free of all occupants" and by a certain deadline. The
roommate or subtenant, if they refuse to leave, can jeopardize the
Tenant of Record's payday from the Landlord. This gets
complicated. All interested parties should monitor the Court
files of any cases involving the apartment, even if they are not named
in the case. Buy-outs are written into stipulations which are typically
filed with the Court.