Foreclosure in 92120>Question Details

Chris B., Renter in San Diego, CA

We rent and our lease has been up since April and nothing else has been said about renewal. The house is going into default on 9-7-12.

Asked by Chris B., San Diego, CA Sat Aug 11, 2012

Do we need to pay rent when this happens?

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Sunny Brian SD’s answer
it is not uncommon for somebody even going into short sale to collect rents until they lose this property. like the other gentleman said keep very diligent records. fernbank takes possession or short sales for default will still be obligated rents to those people until that happens you're still obligated to the current owner. hope this helps. Brian, Property Operations Manager, Winchester real estate.
0 votes Thank Flag Link Sat Aug 11, 2012
Give Chris De Marco or Lucinda Garland a call during this coming week at FBS Property Management (619) 286-7600. Get practical advice based upon the specifics of your situation. These professionals are not attorneys but between them have over 50 years of practical daily property management experience to call upon in order to help you. If you need an attorney they have the finest specialists on speed dial. Neil
0 votes Thank Flag Link Sat Aug 11, 2012

I'm sorry you have to deal with this. Your agreement to pay your rent is between you and the landlord. The owner's agreement to pay his mortgage is between him and the bank. Two separate agreements, yes, you are obligated under the terms of your lease to pay your rent. I strongly recommend that you also keep records of all of your rent payments and photocopies. Just to make sure you are completely covered. If you are in a current lease, I recommend finding another rental or purchase a property. If you have issues receiving your deposit, you’re entitled to file in small-claims court to get your deposit back if the owner doesn't return it or forward it to the foreclosing lender. Tenants are allowed, with written notice to their landlord, to apply their security deposit to the rent once they become aware the property is in foreclosure.I advise you to speak with a real estate attorney if you have questions about your legal obligations.

Good Luck,

Michael Alex
Real Estate Consultant
cell. 619.581.9348
810 W. Washington Street
San Diego, CA 92103
Pacific Sotheby's International Realty
0 votes Thank Flag Link Sat Aug 11, 2012
What if it does not happen? Sometimes the owners find a way out and there you would be not paying rent.
0 votes Thank Flag Link Sat Aug 11, 2012
Hi Chris,

When you're on a lease and it runs out, by staying in the property, you're agreeing to continue the same terms on a month-to-month tenancy. By "the house is going into default," in September, did you mean it was being sold at auction on that date? As a renter, you have rights and responsibilities, as will the new owner, whether it be the highest bidder or the bank. You'll need to keep paying rent as usual or you could be sued for it by the new owner. But, I strongly advise that you get legal advice on handling the security deposit, just to be safe. The important thing is to do what's right, even if you feel others aren't.

Good luck to you!

Warm Regards,

Cory La Scala, REALTOR
Independence Realty
0 votes Thank Flag Link Sat Aug 11, 2012
Most likely, your lease agreement converts to a month to month after the lease expired in April. IF this assumption is correct, you still have to pay your monhtly rent even if the home owner is in default on their loan. In other words, your contract is between you and owner and the home being in default is not related to your rental lease. You will be responsible for abiding by your rental contract for as long as the owner owns the home.

Kevin Sanderlin
Keller Williams Realty
Cell 858-212-4702
0 votes Thank Flag Link Sat Aug 11, 2012
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