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Do I have to pay rent? Landlord in Foreclosure
by Blaize (Utah)
on January 21, 2012 @23:34
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i signed a year lease which was two years ago. Have been paying month to month ever since, with no new lease signed. My landlord told me verbally that he has stopped paying the mortgage on both house's about the same time and lowered my rent to help me save money for a new place. He has since lost the other house and i have paid him rent every month until now. I haven't received papers from the bank yet, but i feel like he is just pocketing my money for no reason when i could be putting it somewhere else (like a new house). My question is do i legally have to pay him rent if i have no lease agreement, is it worth it to him to try and evict me for a house he'll never own?
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Re: Do I have to pay rent? Landlord in Foreclosure
by Jack Klein (NY)
on January 21, 2012 @23:49
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Do you ask the supermarket if they paid their Bread Bill before you take your groceries? (If you found out they didn't do you expect a refund for the food you ate?)
Are you getting to live there for the months you are paying for on your month to month tenancy?
If you were my tenant, and stopped paying rent, I'd ruin your credit and evict asap.
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Re: Do I have to pay rent? Landlord in Foreclosure
by Anonymous
on January 22, 2012 @00:14
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YES you have to pay your rent. It is none of your business what the landlord does with the money. He is entitled to evict you if you decide you don't need to pay rent. Just be prepared to be put out on the street. You should be grateful that he lowered your rent for you when this occurred, He had no legal obligation to do so. You sound like a total user and loser.
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Re: Do I have to pay rent? Landlord in Foreclosure
by Anonymous
on January 22, 2012 @01:12
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You have a legal (and moral) contract with your landlord to pay the rent each month. Your landlord's contract with his mortgage company has nothing to do with you and is none of your business. If you feel you could putting your monthly rent payment somewhere else, you may enjoy being evicted, your credit ruined (no new house) and any future rental stopped with the eviction on your record. He already owns the house else the bank could not attempt foreclosure. Maybe he is using the rent you legally owe him to hire a lwayer to negotiate with the mortgage company. How the H do you know? By the way, after the first year your lease reverted to a MTM agreement with all the same terms and conditions as the original lease.
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Re: Do I have to pay rent? Landlord in Foreclosure
by Gail K (GA)
on January 22, 2012 @08:46
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At this point in time, you have a month to month tenancy with your landlord. You can terminate this in your state with a written notice provided at least 15 days prior to the beginning of the next rental period.
This should satisfy your concern regarding having to pay rent on a house that is entering foreclosure.
I write this knowing full well that your real interest appears to be continuing to live in your current rental property rent free.
Gail
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Re: Do I have to pay rent? Landlord in Foreclosure
by Jake
on January 22, 2012 @09:22
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Landlords frequently let their properties go into foreclosure because they have ceased making payments. However, they are always quick to remind the tenant of their "moral obligation" to continue paying the rent while they pocket the money. If you believe the foreclosure has gone through you can stop paying rent. Eventually the bank will contact you and, believe it or not, they will offer you a cash payment to move out.
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Re: Do I have to pay rent? Landlord in Foreclosure
by Blaize
on January 22, 2012 @11:26
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im not a user, or a loser thanks for judging someone you have never met... times in my town are bad no work anywhere, i have no month to month obligation with my land lord in my lease it states he would raise my rent and i have to re sign a month to month lease... i have never signed anything, my friend is in real estate and he told me i shouldn't be paying him if he doesn't own the house. All i wanted to know is if im not signed into a lease and my landlord doesn't own the house why would he try and evict me from a house he doesn't or never would own. How would he even afford that, hes already spent my deposit money also. He wants me to pay him cash im guessing because its not traceable...
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Re: Do I have to pay rent? Landlord in Foreclosure
by Blaize
on January 22, 2012 @11:30
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Also ive been paying him rent for over a year now month to month with no lease.... and again how would he afford to evict me it cost close to 1000 dollars, his mortgage was less than that
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Re: Do I have to pay rent? Landlord in Foreclosure
by Anonymous
on January 22, 2012 @11:53
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Have you been able to find out for sure who owns the house now? If it's the bank, then the guy you've been paying is your FORMER landlord and I'm surprised he's still communicating with you at all... unless it's so you keep sending him rent checks (which, of course, he should sending right back to you).
Since it looks like you'll have to move in the coming months (yeah, I know it'd be nice to know WHEN, but...), I'd just look for a new place to move to. Even if the landlord IS still the owner, it'd take him time to evict you anyway. While he is deciding whether or not to file, then filing, getting the hearing, etc., you may want to take your rent money to hire the mover.
As for whether or not it's worth it to your landlord to try & evict you, no one can say because no one knows how much logic he uses. Some landlords would say, no, it's not worth it. Others (like my former landlord) just think tenants owe them money NO MATTER WHAT - for them, there is only ONE factor in landlording, and that is them making maximum profit, no matter what the law says on anything; no one knows what those types will do (heck, THEY don't even know what they're doing most of the time!).
If you can figure out when you would be moving yourself (not being evicted), perhaps you can base your decision on that. Eviction takes time, and is also a headache (for both parties).
As an aside, I am not positive, but I don't expect you'll receive anything from the bank (or your landlord once the foreclosure has gone through). I don't expect most landlords in foreclosure help out the bank by providing them names of tenants. If the landlord has, in fact, already lost the house, then he's not pocketing your money for "no reason;" he's just plain stealing it. Perhaps you can look online at the public records and see just WHO owns the house you are to write next month's rent check to. If the bank owns it, then this landlord's only motive for having any contact with you is because he wants to cash checks he's not legally entitled to.
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Re: Do I have to pay rent? Landlord in Foreclosure
by OK-LL
on January 22, 2012 @23:47
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By your own admission, you are not currently under a lease agreement. Therefore, the LL does not owe you a future in the property. Tenants seem to lose sight of the fact that being a tenant is, by definition, a temporary situation. You will move from every rental property at some time. If you have received the use of the property for each and every month in which you have paid rent, then you are even and the LL owes you nothing more. The rent paid to a LL is simple income to that LL and the tenant does not have any control over the LL's use of the income, nor should he want such control. Same as your employer; that employer supplies you with an income, but he doesn't dictate that you pay your mortgage or rent with it, it's up to you to decide how to spend that income. Don't confuse being a month-to-month tenant with having any real right to the property except for the current time you are paying for.
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