Understanding Foreclosure: Rights to Utilities and Repairs

The landlord must still maintain the building.

During the foreclosure process, the landlord is responsible for the maintenance of the building. If the court appoints a Receiver (temporary manager), then the Receiver is responsible for maintenance.

If the building is not being maintained, a tenant can consider:

  • Talking to the landlord (or Receiver)
  • Sending a demand letter for repairs
  • Calling the local Department of Buildings or code enforcement agency
  • Calling the local elected officials

The landlord must still maintain the utility service.

The landlord cannot shut off the utilities to force a tenant to leave. Doing so would be considered an illegal lockout.

If the Sheriff is not the one ordering the tenant to move out based off an eviction order or an order from local government, then the tenant is not obligated to move out.

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