Foreclosure in 95133>Question Details

lynn7162003, Renter in San Jose, CA

The house im renting is going to be closed on, and I know the landlord is not paying the house payment, should i still pay rent

Asked by lynn7162003, San Jose, CA Mon Apr 29, 2013

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If you know for sure the property is going to get foreclosed and you don't think you will receive your deposit, save your hard earned money. I'm not seeing banks renting out homes in this area since prices are increasing and they just want a return on their money. When the bank wants to take possession of the home, they may offer relocation assistance. You save money and you may get relocation assistance. But you want to make sure the home is going to be foreclosed on. If you stop paying, the uncollected rent payments may be the reason for the foreclosure if the owner is trying to save the home.
2 votes Thank Flag Link Mon Apr 29, 2013
Angelo, if your suggesting this homeowner save money that is illegal to interfere with a contract, which could get you in trouble.

Also, the renters protections laws in Ca only protect renters who are current on their rent, so your giving bad advice which is not good.
Flag Thu Sep 12, 2013
As long as the landlord is the owner and keeps the property in habitable condition he is legally entitled to receive rent (and no one else is). The unfortunate situation is that the landlord/owner may not return your cleaning deposit even though it is supposed to be kept in a separate account.

I would recommend talking to rental mediation organizations:
http://www.sanjoseca.gov/DocumentCenter/View/9543

Generally tenant rights don't disappear because the ownership has changed. If you don't meet your obligations the new owner would be able to immediately start an eviction. If you have met your obligations you have the rights specified in your lease agreement.

Useful links for San Jose home owners and residents:
http://julianalee.com/san-jose/san-jose-home-services.htm


Good luck,

Juliana Lee
Top 2 agent nationwide at Keller Williams Realty, the nations largest
Cell: 650-857-1000

Over 30 years experience
Over 1,000 homes sold in Santa Clara and San Mateo Counties
.
Web Reference: http://julianalee.com
2 votes Thank Flag Link Mon Apr 29, 2013
All excellent advice from Charles, Juliana, Ron, etc. You have a lease and you have a responsibility to that lease.
Web Reference: http://www.TerriVellios.com
1 vote Thank Flag Link Mon Apr 29, 2013
If you fail to pay the rent, you will get evicted.... You may try to negotiate a lower rent payment with the owner instead and begin preparing to find another home to rent.
1 vote Thank Flag Link Mon Apr 29, 2013
We have had this question many, many times; and there is no consensus:
The best suggestion I ever heard was to open up an account at a bank, and put the rent money in there, until you know what is going to happen.
1 vote Thank Flag Link Mon Apr 29, 2013
Yes, you should still pay rent.
Web Reference: http://talisrealestate.com
1 vote Thank Flag Link Mon Apr 29, 2013
Do all the things Charles stated, and you may want to take the initiative to find another place to live. If your landlord is not able to pay his / her mortgage, they may not be able to return your security deposit. So the sooner you ask for it back, the more likely you may be able to get it.

Sally Blaze
DRE 01856137
sblaze@apr.com
925-998-1284
Alain Pinel Realtors
1 vote Thank Flag Link Mon Apr 29, 2013
Thank you for your questuion:

Yes, as long as the landlord owns the home you must pay your rent to your landlord.

Also, I recommend that you have a discussion with your landlord about the return of any security deposits and prepaid rent that you have paid.

Often in these circumstances the landlord does not have the money to return the security deposits and prepaid rent.

Thank you,
Charles Butterfield MBA
Real Estate Broker/REALTOR
American Realty
Cell Phone: (408)509-6218
Fax:(408)269-3597
Email Address: charlesbutterfieldbkr@yahoo.com
DRE#00901872
.
1 vote Thank Flag Link Mon Apr 29, 2013
Yes, you should pay your rent...BUT...how much does your current landlord have in deposit from you? I wouldn't count on getting any of your deposit back.

I would set up an account & start paying rent to that account. Notify the landlord that you are setting the rent aside, but are not giving it to him/her because the home is in foreclosure. ...that's just me. I'm not a lawyer...
0 votes Thank Flag Link Mon Apr 29, 2013
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