Messy situation- verbal promises, foeclosure, bankruptcy...

[Mromeo99]

So I
have a sticky situation. Landlord filed BK and is in foreclosure. LL tells us she is not going to save the house and we can stop paying rent until bank takes property while we uproot our family. She fills out deposit return from her broker(she is a realtor). She also fills out bill of sale stating she is giving us washer and dryer because we have to move.

We asked if we could pay bank so don't have to move during holidays. She makes arrangement with the bank to that effect. Then out of the blue we get a demand letter asking for back rent, exorbitant late fees and overdraft fees because she bounced checks while we weren't paying rent.

Our apartment won't be ready until the middle of the next month. I don't want an eviction on my record when I only followed our verbal agreement. As a realtor isn't she bound by a code of ethics? Will this eviction hold up in court? She made no effort to collect rent until she figured she could take the money we saved for our apartment. To be clear she made the offer to not pay rent until the foreclosure sale, that wasn't our idea.

What can I do? She won't answer our communications.

Thanks

 

[Gail_in_Georgia]

At this point, you have only received a letter from your landlord. Sounds like filing for the eviction (known as a dispossessory warrant in Georgia) has not taken place. Only a court can grant an actual eviction.

If she does file, you will receive notification of a hearing regarding this matter. You will have seven days to respond. You respond disputing these allegations. If you have been paying your rent through the bank you bring this information with you to the hearing to show the judge that you do not owe your landlord this money.

All this filing (if this takes place), you being served by the Marshall, etc. takes a bit of time (longer now than before because so many people are having a difficult time paying their rent after being laid off, etc.). If you move before you are served, make certain you have done a change of address. If she does file through the court system you would be served via the "tack and mail" method (i.e., mailed a copy of the warrant plus a copy would be left at the door of the rental). If you fail to respond to this, she would win her case.

Gail