Which came first, the foreclosure chicken or the eviction egg?

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olderandwiser

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I rented a house in August, paying a deposit and 1st month rent. I learned in Late Sept that the owner was in default, and that the property was headed for a foreclosure sale on Nov 4. I withheld the October rent, since I probably have a snowball's chance in Hades of getting my deposit back. GA laws tend to favor the landlord, and anyone with less than 10 properties is not required to escrow deposits! Also, GA law does not require the landlord to disclose the fact that a property is in default. Turns out this one was in default back in June! Anyway, owner got ticked and filed for eviction. I waited until the last day to respond, and with evictions at an all-time high everywhere, my case won't be heard until Nov 12 (see sale date above). My questions are these: Does all eviction action by the owner cease on the day the home is actually foreclosed (since he no longer owns the property)? If so, what happens to his claim and my counterclaim (I'm claiming all costs involved in relocating again)? If "YES" to the first question, can owner file a civil suit, and can I make the same claims as I did in my answer? I've spoken with the mortgage holder, and they don't want a tenant. I've also learned that the owner lost two of his other properties in an Oct 7 foreclosure action, so there is little chance he will try to save this one. Comments??
 
In your case, the eviction egg would come first.

The process of evicting someone and attempting to get owed rent is two part.

Your landlord has filed a Dispossessory Affidavit (Georgia's version of an eviction) against you in Magistrate/Civil Court. This warrant is filed to remove you from the rental, not to collect back rent from you. Likewise, your response at the hearing is to argue why you shouldn't be evicted for nonpayment of rent and not whether your landlord should reimburse you for moving expenses.

The landlord may later file, again in Magistrate/Civil Court (Georgia's version of Small Claims) for back rent for October. You can countersue (or initially file a claim) for moving expenses due to the foreclosure.

Many tenants who find themselves in homes that are being foreclosed have the same concerns that you do regarding their security deposit. The problem with withholding rent and being taken to court for an eviction is that, if granted, this judgement would now be on your credit record and might cause future problems finding another place to rent.

I hope this helps...

Gail
 
Gail, I thank you for your answer, but remain a little uncertain of one aspect. If the property is lost in the foreclosure on Nov. 4, how can a dispossessory action continue to hearing eight days later? To be granted a writ of dispossession, doesn't the plaintiff have to be the owner of the property? If he has lost the property to the bank, thereby having no say about my staying or leaving, I would think that I could file a motion to dismiss. Sorry to bother you on this, but could you please clarify this point? Thanks much.
 
Your landlord will argue that the failure to pay rent, resulting in the filing of the dispossessory warrant, took place while he still owned the property.

You'll argue (or should) that the rental unit is no longer the property of the landlord, having been lost in foreclosure.

The judge will decide which way to go on this one.

If you don't show up in court, thinking that there is no need to since the house has been foreclosed upon (I'm guessing that you do plan on attending) the judge will rule in your landlords favor. He/she will have no idea that the house has been foreclosed upon unless the landlord mentions this.

Gail
 
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