Problems with landlord

[geronimojoe85]

Ok guys and gals, I have a question.

I moved in to this house a while back with no rental agreement other than I pay $400 a month, he keeps the place from falling down around my ears.
I received a letter addressed to occupant that said that the property was sold in a tax sale to "company X" in sept 2010.
My landlord has not said one word to me about it. Nor has he fixed the gaping hole in my bedroom ceiling that has been there since the summer.

Anyway, given the fact that the property is no longer his is he committing fraud by not telling me and cashing my rent check?

What are my options here?
I'm not looking to get anyone in trouble. I just want to walk away from this without any problems from either my landlord or "company X" or whoever else.

 

[ThrottleJockey]

If you have no written agreement and the guy you pay doesn't even own the property, I would just stop paying and start saving for the day they finally come to your door and tell you that it's time to go. Or just leave, but don't tell anyone until it is done. Either way, quit giving the guy money that he isn't entitled to. If you want, you could probably sue him for everything you've given him since Sept. 2010.

 

[Denny347]

Good luck proving you ever paid him or for what the money was for without a written agreement. Stop paying now and cut your losses.

 

[edporch]

Why not just give him a call and tell him you got this letter and ask him what's going on?

 

[ThrottleJockey]

This guys name isn't jim fusion is it? lol....Sounds like one of his schemes, never owns less than 150 houses at any given time...

 

[geronimojoe85]

Why not just give him a call and tell him you got this letter and ask him what's going on?

I will be doing this. I just want to know all of my options before I get into it. I want to know what I can and can't do.

This guys name isn't jim fusion is it?

No.

 

[Grump01]

I believe when a property is sold in a tax sale there is two years before title is transferred to the purchaser giving the owner two years to pay up the back taxes and penalt and keep the property.

 

[geronimojoe85]

I believe when a property is sold in a tax sale there is two years before title is transferred to the purchaser giving the owner two years to pay up the back taxes and penalt and keep the property.

Is this written anywhere?
I think there was something in the letter about them taking possession. I have to read it again when I get home.

 

[melensdad]

I believe when a property is sold in a tax sale there is two years before title is transferred to the purchaser giving the owner two years to pay up the back taxes and penalt and keep the property.

I don't believe this to be true.

 

[snorko]

Title is trqansferred but there is a period of like 18-24 months when the original owner may reclaim the property via payments. The person who purchased the property at the tax sale gets their money back, with interest I think. That is the main reason tax sale properties are sold so low. there is great inherent risk in taking posession.

All that aside, sounds like it may be time to move.

 

[irishfan]

Ok guys and gals, I have a question.

I moved in to this house a while back with no rental agreement other than I pay $400 a month, he keeps the place from falling down around my ears.
I received a letter addressed to occupant that said that the property was sold in a tax sale to "company X" in sept 2010.
My landlord has not said one word to me about it. Nor has he fixed the gaping hole in my bedroom ceiling that has been there since the summer.

Anyway, given the fact that the property is no longer his is he committing fraud by not telling me and cashing my rent check?

What are my options here?
I'm not looking to get anyone in trouble. I just want to walk away from this without any problems from either my landlord or "company X" or whoever else.

Something like this actually happened recently on my street. A guy was renting from a landlord who lost the house do to not paying the mortgage. A bank guy showed up to the house to let the "owner" know that the house was being repo'd to be sold at a tax sale. The renter recieved the notice and told the owner. The owner said to keep paying him rent but the renter told him to shove it since the bank took the house back. Long story short....the guy lived in the house rent free for 3 more months until the bank issued an eviction notice.

 

[geronimojoe85]

I have here (crinkle crinkle crinkle) in my nicotine stained fingers. (I listen to too much AM radio at work). A "Notice of expiration of period of redemption" and a "Tax sale certificate" signed by the auditor and the treasurer of the county of Lake.

So I think this means I'm pretty hosed.

 

[22rssix]

Stop paying rent. Save the cash and copy the notices. So the landlord cannot try to evict you before the bank/new owner can. Save the rent money and wait for a eviction notice from the bank/new owner.

Have your stuff semi-packed for a speedy move.

 

[IndyBeerman]

Contact a lawyer and seek legal advice.

This is the only advice I will give you, and you should do this quickly.

 

[Brandon]

could try to buy the place at the auction.

 

[Marc]

move or get advice from a lawyer

 

[88GT]

I think the take-home lesson here is never operate on a verbal rental agreement. (Why would you do that?)

ETA: there is a time period for redemption (12 months) for the property owner to reclaim the property by bringing the delinquent taxes current, plus all fees and penalties. The tax sale certificate given to the purchaser does not convey ownership. Ergo, your agreement, such as it is, with the owner is still valid and enforceable. Ergo, you still owe him rent for occupying his property. However, I do believe, but am not sure, that a verbal agreement requires only the minimum notification required for termination of the lease as there is no specific lease termination date. In short, I believe you have but to give 30 days' notice and free yourself of the hassle.

Of course, you could ask if intends to redeem the property. If not, he may not be opposed to you simply moving out and calling the whole thing even. Just be sure to get a written documentation of the agreement.

And in the future....get it in writing.

Check out this website for info on tax lien sales in Indiana: http://www.sri-taxsale.com/Tax/Indiana/Handout.pdf Purchasers of sold properties are statutorily required to give notice to owner and occupants of the property not less than 30 days prior to the end of the redemption period that the property has been sold.

 

[CountryBoy19]

Title is trqansferred but there is a period of like 18-24 months when the original owner may reclaim the property via payments. The person who purchased the property at the tax sale gets their money back, with interest I think. That is the main reason tax sale properties are sold so low. there is great inherent risk in taking posession.

All that aside, sounds like it may be time to move.

This ^^^ Except I'm pretty sure it's only one year (unless it varies county to county). The owner has that year to come forward and pay all back taxes/payments etc to county and/or lender, then they must also pay the sale amount that the buyer paid.

The house 2 houses down from me is currently in that 1 year period. It is partially completed, but the new owner hasn't done anything. If he were to finish the house within that year the owner would likely come back, pay the taxes, pay the $73k that it sold for, then sell the house for $250k.

 

[edporch]

-Snip-
Ergo, you still owe him rent for occupying his property. However, I do believe, but am not sure, that a verbal agreement requires only the minimum notification required for termination of the lease as there is no specific lease termination date. In short, I believe you have but to give 30 days' notice and free yourself of the hassle.
-Snip-

I've heard of things like this happening before, and I always wonder why the tenant thinks they don't have to pay rent anymore?
They're still getting the same use of the property they got before, and that use still has value.

 

[ThrottleJockey]

Not sure if it is statewide or just marion county, but a co-worker purchased a house at tax auction and waited 6 months to get the deed. The sad part is that she couldn't even buy title insurance until she had one....Also, in Indiana you can give "notice of intent to quit or vacate premises" in writing 7 days prior to leaving, but it was reccomended to me that I move, then give the notice and just pay 7 days extra rent to prevent "problems".