Posted by TenantNet on April 12, 1998 at 19:17:21:
In Reply to: Rights in MS posted by Donna McLain on March 18, 1998 at 02:59:48:
: We have been renting a house since September from someone who works with my husband. She did not have us sign a lease since renting would be on a month to month basis until our new house was completed. Last week the landlady told my husband that we had to be out by April 1 due to the bank taking the house. Evidently, she had not been paying the mortgage with our rent checks. We have not received any written notice from her or from the bank. Our new house is about 2 months from completion. One thing that bothers me is that she gave our March rent check back to us. Shouldn't we get some sort of written notice from the bank or is word from her enough? If someone can be of help please let me know. We are too close to moving to our new house to have to pick up and move somewhere else. I know some people have to do it, but what are our rights here in MS? Any information is appreciated.
Two issues here. As month-to-month tenants, a landlord can give you
30 day's notice. If you stay beyond that, they must go to court to
evict and that might take some time, and differs from place to
place. If you are 2 months away, they might agree to that to avoid
a suit. But that the bank might foreclose on the landlord does not
end your tenancy. The bank becomes your landlord and it can then
seek to end your tenancy. Situations like this normally don't get
sorted out within two months, so you can probably deal with either
the landlord or the bank to get the time you need. Also, don't pay the
bank any rent until you get a Notice of Attornment -- a legal notice
that they are now the legal landlord.
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