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HELP Should I give 30 day notice to my renters in our foreclosure home?

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    HELP Should I give 30 day notice to my renters in our foreclosure home?

    Sherriff sale is in one month. This is part of a paper the renters received. .....Renters are responsible to continue to pay rent up until the end of the redemption period which is 6 months after the sale of the house. After the redemption period the new seller is required to give us a 2 month written eviction notice. During the redemption period both tenant and landlord are to:

    •You and your landlord must continue to follow the terms of your lease.
    •You must keep paying rent unless you have a legal reason to withhold it.
    •Your landlord must keep the property repaired.
    •Utilities must be paid under the terms of your lease or under state law.

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    This is a few lines from our lease ....This is a month-to-month lease only and may be ended at any time by either party with a 30-day notice. It is understood by xxxxxx and xxxxx that the property will be going either into foreclosure or reverted back to Bank of America as a deed in lieu of foreclosure. ----The property must be maintained as much as xxxxx and xxxxx are able to do so and any and all damages minimized whenever possible.
    ........No improvements will be done to the home as long as the home continues to remain safe. Exception will be furnace, refrigerator, oven and stove and repair only will be performed with no replacement. The property yard must continue to be mowed and raked as needed. And if occupied during any of the winter months, snow must be removed on both driveway and sidewalks.
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    They just sent me an email saying they had a couple of mice in the house. They think they know where they are coming from. A honeybee is starting to build a little nest under an eave. There are some bees getting into the attic from a vent. They have had to kill 4. We can probably take care of this but we are worried they are going to start wanting other repairs etc. done. They know the house is having a sheriff sale in a month and they can legally live there for 6 months following the sale.

    We are filing bankruptcy in July and would rather just wash our hands of it all. Should we give them notice May 1st. then they can't try and get us to do repairs on the house? We only charge them $325 a month. They use to pay $775. And the house is a really nice one in a small town. The reduction in rent was for them to take care of things. Now they are trying to get us to do it.

    We live in another state so can't take care of the work ourselves.

    #2
    We have many rental properties that are out of state and being an out of state landlord is very hard. That is why we starting using property managers, which is not worth it for you at this time. For an almost 60% drop in their rent ($775 to $325), I would be telling them to go take care of the mice and bees. If they pushed back, I would ask them to leave since it is a month to month rent. The property is your name and the foreclosure process does not change your contract with the renters. While it states that you must keep the property repaired, it does not, nor should it, specify how you accomplish that repair. Having the tenant complete that repair is acceptable. I would attempt to get them to take care of the mice and bees and continue to pocket the rent. If they refuse, you have the right to evict them.
    Chap 7 Non-consumer --Realized headed for bankruptcy Nov 2010 --Started planning BK7 Spring 2011 -- Filed Sept 2011 -- 341 & Continued 341 Meetings Nov 2011 --No Asset Case Nov 2011 --Discharged Jan 2012 --Closed Feb 2012

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      #3
      That's what I am thinking too. The $325 is not a large enough of an amount for us to be too concerned about. It was just covering insurance etc. that we were voluntarily paying. If they are not living there and then a sheriff sale happens in May than we can look at cancelling the insurance. We just don't want any responsibility during the 6 month redemption period after the home sales. If I was living there for such a little amount, I would buy a few mouse traps, spray and then knock down the honeybee nest which is real small, then I would put a screen over the vent where the bees are going in. I can't believing they are pushing their luck.

      It is a beautiful updated semi-large victorian home. Prettiest one on the block. For $325 a month CRAZY!!!

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