Expert: Lisa Webber - 1/27/2010

Question
I have lived in the house for 17 months and have always paid rent.  The house was served foreclosure notice December 1st 2009.  The auction was set for today January 27th at 3:21 p.m. I went to the auction and was informed that it had been canceled.  I called the landlord and he said he avoided the auction but has to sell the house.  He said that he is meeting with a buyer to sign a contract Friday the 29th.  He told me I have to move ASAP....I have two children attending school and a 10 month baby.... I have nowhere to go and can't afford to move right now.... I am hoping there is some way to be able to finish the school year ( stay till the end of June)   what are my rights? Am I entitled to at least a 90 day time period that would allow me to save the money it will cost to move and find another place to live?   can I get my security deposit back?  do I need to pay the current landlord rent for February?  Are there laws in place in MD that protect me and my family in this situation?

Answer
This is really an unfortunate situation that is happening to a lot of people in this economy.  The only "rights" you have will be in your lease.  If you initially signed a 12 month lease and have not renewed, then you would be on a month-to-month agreement on the same terms as your initial lease.  With a month-to-month lease, either you or the landlord has to give a 30 day notice to vacate.  There are no additional time periods due to unforseen circumstances such as sale or foreclosure of a property.  If you are currently in a lease and it has not expired, then you have the right to stay there.  If the landlord is not allowing you to continue a lease, you can come to an agreement with the landlord, for example asking for a 90 day notice period, or asking for monetary compensation in order to break the lease.  If he is requiring you to move now, giving you a 30 day notice, tell him you need your security deposit back in advance in order to move.  He may not give it to you, but it can't hurt to ask.  He is required to give it back to you within 45 days of the time you move out and he can deduct any damages that he documents to the property.  

If you are out of the written lease and on a month-to-month, I would try that.  Be super nice (he is not required to give it to you now) and ask for the security deposit in order to move.  At this time also ask him for a written recommendation that you can use when renting another place.  He needs your cooperation to make the transaction go smoothly for the new buyer, so take advantage of that and get any assistance that you can.  Remember, be really nice!

As far as February's rent, negotiate with him on that as well.  Tell him your situation, tell him you want to make the transition easy for him and you were hoping he would waive any rent for February, give you a good recommendation, and return your security deposit now so you can move out quickly for him.  Remember, he is not required to do anything but give you 30 day notice, so anything you can get will make your life easier.

If the new buyer needs to move in soon, maybe they would help so that they can move in.  The other thing they would have to do is file for eviction which can take some time.  It would buy you time, however you don't want to have that on your credit because then it makes it harder to rent another place and you would not get a good recommendation from your landlord.  

I wish there were a better answer, but I don't know of any.  I wish you the best and if you have any additional questions, please feel free to ask!