Landlord Breaks lease!!

Is it legal for a landlord to break the lease? He says his house went into forclosure and gave me two weeks to get out. Says the Sherrif will be at my door but I never got any legal notices.

[OHlandlord]

If the house really went into foreclosure, you would have received a notice on your door of the pending sale or auction. Perhaps it is in the first stages of foreclosure. If so, you will soon get a notice on the door from the sheriff that says the house will be auctioned on a certain date. Once sold at auction, or if taken back by the bank, you will be given a written notice to vacate.

The LL cannot break the lease. You have a right to stay in the property as long as he is still the owner on record. The sheriff cannot force you out. The sheriff could only take action after an eviction hearing. You have received no notice of this hearing (and hopefully have not given you LL a reason to evict you). Let him know that he must continue to honor your lease as long as he is still the owner. If he wants you to move, he can negotiate with you to break the lease. Perhaps you would be willing to do so if he offered moving fees? If you decide to move, get it in writing from him that you are no longer obligated under the lease.

I would check the county auditor's website or tax assessor's website and find the name of the mortgage company. Then contact them directly. They can tell you if the house is in foreclosure or not. If it has been foreclosed, let them know you have not received any notice of such. Also, check with the tax assessor to see if the county is foreclosing for unpaid taxes. This would put them both on notice that there are tenants in the property so you can be notified properly. Good luck.

Thanks for the info, I already moved because the landlord told me they would start removing my things from the property. CRAP!

[OHlandlord]

In future, remember that no LL can remove you bodily from the property or require a sheriff to remove you without first going through a court hearing to obtain an eviction and an order ofpossession. You would receive notification of the hearing, and of the impending set-out, prior to either one taking place. You can't be tossed into the street without folowing legal protocols.