Can someone in foreclosure have their home sold and be required to move all without notice?
Full Question:
My friend was renting a house and did not know that it was in foreclosure, then the person that bought it a week ago showed up and told her she had to move but he would he would give her until wed. Can they do that with her having no where to go and three kids and with no notice what so ever.
05/12/2007 |
Category: Real Property ยป Foreclosure |
State: Missouri |
#4571
Answer:
Most states require that a tenant be informed of the names and addresses of the landlord and (if different) the property manager of the premises. This information should be provided to tenant prior to or as as part of the lease.
The applicable Missouri statutes are as follows:
441.130. Alienee or assignee may recover rent. —
If the owner or holder of the lands, tenements, an estate or a lease term
alienates or assigns such owner's or holder's lands, tenement, estate or
term, or the rent thereafter to fall due on such premises after such
alienation or assignment, the owner's or holder's alienee or assignee may
recover such rent paid to such owner or holder after such alienation or
assignment.
441.140. Grants of rents good without attornment of tenants. —
Grants of rents, or of lands, tenements, estates, lease terms, reversions
or remainders pursuant to section 441.130 or section 535.070, RSMo, shall
be good and shall be effective without the consent of the tenants; unless
otherwise stated in the lease; but no tenant, who, before notice of the
grant, pays the rent to the grantor, shall suffer any damage for such
payment.
441.150. Attornment to stranger void — exceptions. —
The attornment of a tenant to a stranger shall be void, and shall not in
any wise affect the possession of his landlord, unless it is made:
(1) With the consent of the landlord; or
(2) Pursuant to or in consequence of a judgment at law, or a decree in
equity, or sale under execution or deed of trust; or
(3) To a mortgagee, after the mortgage has been forfeited.
441.233. Landlord's unlawful removal or exclusion of tenant, liability —
interruption of services, landlord's liability. —
1. Except as provided in section 441.065, a landlord or its agent who
removes or excludes a tenant or the tenant's personal property from the
premises without judicial process and court order, or causes such removal
or exclusion, or causes the removal of the doors or locks to such premises,
shall be deemed guilty of forcible entry and detainer as described in
chapter 534, RSMo.
2. Any landlord or its agent who willfully diminishes services to a
tenant by interrupting or causing the interruption of essential services,
including but not limited to electric, gas, water, or sewer service, to the
tenant or to the premises shall be deemed guilty of forcible entry and
detainer as described in chapter 534, RSMo; provided however, this section
shall not be applicable if a landlord or its agent takes such action for
health or safety reasons.
441.050. Tenancy from year to year, how terminated. —
Either party may terminate a tenancy from year to year by giving notice,
in writing, of his intention to terminate the same, not less than sixty
days next before the end of the year.
(RSMo 1939 § 2969)
441.060. Tenancy at will, sufferance, month to month, how terminated —
judgment of eviction, how effectuated, landlord's liability. —
1. A tenancy at will or by sufferance, or for less than one year, may be
terminated by the person entitled to the possession by giving one month's
notice, in writing, to the person in possession, requiring the person in
possession to vacate the premises.
2. An occupancy limitation of two persons per bedroom residing in a
dwelling unit shall be presumed reasonable for this state. The two-person
limitation shall not apply to a child or children born to the tenants
during the course of the lease.
3. Except as otherwise provided by law, all contracts or agreements for
the leasing, renting or occupation of stores, shops, houses, tenements or
other buildings in cities, towns or villages, and of stores, shops, houses,
tenements or other buildings except when such leasing, renting or
occupation is as tenant of real estate used or rented for agricultural
purposes, other than garden purposes, not made in writing, signed by the
parties thereto, or their agents, shall be held and taken to be tenancies
from month to month, and all such tenancies may be terminated by either
party thereto, or the party's agent, giving to the other party, or the
party's agent, one month's notice, in writing, of the party's intention to
terminate such tenancy.
4. (1) Except as provided in subdivision (2), the landlord or the tenant
may terminate a month-to-month tenancy by a written notice given to the
other party stating that the tenancy shall terminate upon a periodic
rent-paying date not less than one month after the receipt of the notice.
(2) When a person occupies and has an ownership interest in a mobile home
and is leasing the land or the lot upon which the mobile home is located, a
tenancy for less than one year may be terminated by the landlord by giving
written notice to the tenant that the tenancy shall terminate not sooner
than sixty days from the date the rent payment next becomes due,
notwithstanding any written lease provision regarding earlier lease
termination to the contrary.
5. If after the rendition of a judgment and a request for an execution
on any judgment rendered in an action pursuant to chapter 524, RSMo,
chapter 534, RSMo, chapter 535, RSMo, or this chapter and there is no
stay of execution, the service officer fails to deliver possession of the
premises to the landlord within seven days of the delivery of the writ to
such officer, the landlord may, within sixty days of the date of the
judgment, in the presence of a municipal or county law enforcement
officer of the jurisdiction in which the premises are located, without
breach of the peace, break and remove locks, enter and take possession of
the premises and remove any household goods, furnishings, fixtures or any
other personal property left in or at the premises, provided the law
enforcement officer is first presented a true copy of the judgment and
order of execution, and the law enforcement officer acknowledges in
writing such presentation, and such acknowledgment is filed in court by
the plaintiff within five days following taking possession of the
premises.
6. Except for negligent, willful or wanton acts or omissions of the
landlord, or failure to both timely obtain and file the law enforcement
officer acknowledgment described in the preceding subsection, the landlord
shall have no liability for loss or damage to any household goods,
furnishings, fixtures or any other personal property left in or at the
dwelling unit, by reason of the landlord's removal of the property in
accordance with the provisions of this section.