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Getting Evicted! (Rant)

Discussion in 'Off Topic [BG]' started by John Deppel, Jan 14, 2004.


  1. Well, I got home from work today to find a message on my machine. Seems the owner of the house I'm currently renting has lost control of the property, and the deed is currently transferring over to Wells Fargo Bank. Apparently, the bank is going to foreclose as soon as the deed finishes transferring. I'm supposed to speak to one of the local realty companies tomorrow (the ones that were "managing" the property for the actual owners) and find out what is going on.

    The thing that really sucks is my roommate is on vacation down in Texas for another week, and I was supposed to leave to go back home to Montana this Saturday for three weeks. I'm really hoping that this doesn't cost me my vacation, as I spent dang near a grand on my plane tickets.

    Does anyone here have any experience with this that can tell me what to expect? I've never dealt with this stuff, and to be honest, I'm kinda freaking out a little bit. I've already got a new place lined up, but like I said, I'm leaving for three weeks, and really hope that I don't have to vacate the property when I'm out of town....
     
  2. Sorry to hear the news.

    However, on the upside... Do you listen to Anti-Flag?

    ....Spaz's house destruction partee, was choas... with no end! :D :D
     
  3. I was actually thinking that same thing....since my lease agreement is now null and void, I should have to have it professionally cleaned or anything....

    Is this the condition the house has always been in?

    Uh yeah, it is.
     
  4. Petebass

    Petebass

    Dec 22, 2002
    QLD Australia
    Have they told you to move out or are you just speculating?

    Chances are the bank will onsell the house and if a property investor is interested, it may be easier to sell if the house has a tennant.
     
  5. They haven't told me to move at as yet, but the realtor's told me to expect a "Notice to Vacate" within the next couple weeks.
     
  6. secretdonkey

    secretdonkey

    Oct 9, 2002
    Austin, TX
    Here in Texas, there are laws that protect tenants from being kicked out on short notice, in most cases. I don't know any particulars, but assuming there are similar protections in your state, I'd think that a realty company/bank would be likely to adhere to the letter of any such law, moreso than your average slumlord, anyway... You should find out what your specific legal rights are, in any case.
     
  7. I just got back from speaking w/ the property managers, and apparently, Wells Fargo will be posting a notice to vacate on Monday, and we will have 30 days to vacate. So I'll still be able to go on vacation and everything, and still have about 10 or so days to move out, which won't be really difficult. Does anyone possibly have advice on how to move quickly?? I've only moved once, and I didn't really do things very efficiently.....

    secretdonkey, thanks for your advice....
     
  8. Petebass

    Petebass

    Dec 22, 2002
    QLD Australia
    The golden rule is have everything packed and ready to go. You'd be surprised how many people pack a box then carry it out to the truck/trailer/van. Then they go inside and do it all again. That's a really slow way to do it.

    You're best bet is to pack gradually over the 10 days after your break. Pack your non-day-to-day essentials, stuff you can do without for 10 days. Start disassembling anything that needs it. If you keep doing this, everything should be in boxes on your last night there except for a change of clothes and a toothbrush.
     
  9. Phat Ham

    Phat Ham

    Feb 13, 2000
    DC
    I'm surprised that they could just kick you out like that if you had a lease. Like secretdonkey said, there are laws in many states protecting against this kind of thing. This guy I know in San Francisco was in the same situation, but because he had a yearlong lease they couldn't legally kick him out. They struck a deal and he moved out, with an extra $13,000 in his pocket.
     
  10. bassmonkeee

    bassmonkeee Supporting Member

    Sep 13, 2000
    Decatur, GA
    A lease doesn't do a whole lot of good when the person you signed a lease with doesn't pay the mortgage and they lose the property. 30 days is about as good as he could hope to do.
     
  11. P. Aaron

    P. Aaron Supporting Member

    You paid/are paying your rent on time right? You've upheld your end of the contract?

    As a leasehold tenant, the date of expiration on your lease may superscede any agreement that the owner of the property may have regarding their default situation. Not all situations are the same in every state, but you may have the right to stay there until your lease expires.

    It's time to call an attorney. Perhaps you have a friend who is one.
     
  12. Well, met with my new landlord today...and got my apartment. I live a couple doors down from my guitarist, and I'm roommates with my drummer, so it'll be a lot easier to coordinate band practices, etc.. What's even better, is since my landlord knows I'm leaving Saturday, he's letting me move in this week before I leave....so I can at least get everything packed and moved....and unpack when I get back....
     
  13. Marlat

    Marlat

    Sep 17, 2002
    London UK
    Depends where you live, in Australia the incoming property owner would have to honour the terms of the lease (which may or may not have a termination clause in it). This applies even where a bank takes the property because of lack of mortgage payments.
     
  14. it's funny; sometimes a lease can work against you. in new york, if you rent month to month without a lease, and default on your rent, it can take almost a year for a landlord to evict you. if you have a lease and default, you can get booted in 30 days if that's stipulated in the lease.


    it's great that you got a new place, but i'm wondering if you have any legal recourse to monies from Wells Fargo, if only to cover your moving expenses and/or new security/rental deposit on the new place [also, make sure you get your security deposit back on the old place, if you put one down].


    as for the point on the bank selling, it's often considered not beneficial to have a tenant on the premises, especially if it's a multi-family dwelling that the new owner wants to convert to a single-family home. the new owner and the bank both know that it's hard to evict tenants [though it can be done, certainly], and want to avoid that.


    i would definitely check with a real estate attorney or your local real estate board or county clerk's office. i think in the big picture, you may not be entitled to much, since the owner defaulted on his/her property; but you may be entitled to some reimbursement because you were told to leave prematurely. this happens a lot with people whose homes get demolished to make way for new businesses and such. they get "bought out" and are given money to find a new place to live.


    give it a shot.
     
  15. Well, the real estate company that was managing the property did say that they tried to let us stay in there, but in the end, the bank wanted to evict us. Looking at it now, it's really no biggie, as the place we're moving into is a LOT nicer (extra $100 a month, but that's no prob), and the security deposit was the same amount. I got all my stuff packed last nite, so I'll be moving it all over to the new place tonite, and start unpacking it (hopefully) tomorrow and finish when I get back.
     
  16. Why not wait another day?

    SPAZZZZZZZ''SSSS HOUSE DESTRUCTION PARTEEEEY!

    :D :D :D
     
  17. Petebass

    Petebass

    Dec 22, 2002
    QLD Australia
    NNOOOOOO. He'll lose his bond (or security deposit as you guys call it over there). Expensive party.
     
  18. I wanna tell ya'lla lil' story about a party that went all right!


    ...But went all wrong!


    :cool:
     
  19. Actually.....got the deposit back already....I asked if we still had to have the house "professionally" cleaned...and they said no. We don't even have to pay rent on 1 Feb. even if we're still moving out and in our "30 day period!"

    Edit: Oh and Microbass...I know the song...so I'd prefer not to have the lyrics typed out over and over :)
     
  20. you know ya love it! :D

    oh well. good luck with the move! hope all goes to plan :cool:



    .... spaaazzzzz'ss..

    i had to! ok!?! :p