Foreclosure in Pittsfield>Question Details

Lynda, Other/Just Looking in Becket, MA


Asked by Lynda, Becket, MA Fri Jun 24, 2011

If the apartment we are renting goes into foreclosure. Do we have to pay rent if we were notified that the landlord isn't paying mortgage

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Kevin Vitali’s answer
I believe you have to continue paying the rent regardless of whether the landlord is paying the mortgage or not. Not paying your rent puts you in violation of your lease/ rental agreement.

Here is a link to a useful state pamphlet regarding tenants with landlords going in to foreclosure.
Also it would not be a bad idea to talk with an attorney if you have concerns.
2 votes Thank Flag Link Sat Jun 25, 2011
I would contact an Attorney regarding this.
0 votes Thank Flag Link Mon Jun 27, 2011
Unless the landlord has to use your rent to pay the mortgage as a condition in your lease, I don't think it really doesn't matters what they do with the rent. You aren't paying them rent so they can pay their mortgage, you're paying them rent because it's a condition of your lease and your tenancy.

Once the house is foreclosed upon, to whom do I pay rent?
As a tenant of a foreclosed property, you are required to pay rent to the new owner. If you do not know who the landlord is, such information is available at the Registry of Deeds and the local tax assessor’s office. Send your new landlord a letter offering to pay rent and requesting proper payment information, e.g., name, address, date due. Make sure you have proof of the true landlord before you pay.
0 votes Thank Flag Link Fri Jun 24, 2011
I agree with Suzanne, an attorney can best advise you on the legality of the issue, and to whom you will owe rent in case the building does go into foreclosure.
Logically, your lease states you'll be paying rent in return for the right to occupy the property- it isn't really your concern how the landlord spends it or what bills he or she chooses to apply it to. As long as you continue to occupy the apartment, you owe rent.
0 votes Thank Flag Link Fri Jun 24, 2011
This is really a question for a lawyer. In New Jersey it is my understanding that you are obligated to pay rent to the owner, whoever that is, until ownership changes hands, whether that is through a sale of the property or a foreclosure. If the bank forecloses, you would then pay rent to the bank, but until then you would pay rent to your current landlord.

You may also be able to find the answer on the website for the Massachussetts Department of Community Affairs, but the best thing to do is to ask a lawyer.
0 votes Thank Flag Link Fri Jun 24, 2011
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