Rentals in 34609>Question Details

Rentques, Renter in 34609

If I am on a month to month lease, and the landlord has not paid the mortgage for 60 days, do i have to pay rent if they are in the process of short

Asked by Rentques, 34609 Tue May 18, 2010

selling the house? How much notice do they have to give me if they decide to evict me based on non payment? I am planning on moving out at the end of June and I have not paid for May at this point. It seems pointless to pay rent when they are not paying the mortgage but just pocketing the money, and have refused to put any money into repairs, etc for months...knowing that they were wanting to sell. The house has been on the market for 8 months, and up until 60 days ago they were current on the mortgage. Also, we paid first, last, and deposit when we first signed the rental agreement. What options do I have being a renter in the state of Nevada?

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The lease is the lease.

Whether the landlord is using your rent to pay the mortgage is irrelevant. Doesn't matter. He might want to use your rent payments to buy a TV, or go on vacation. Or put it into savings, or a retirement account. Doesn't matter.

The lease is the lease. If you're living there, you owe the rent. "It seems pointless to pay rent when they are not paying the mortgage" doesn't hold up. You're paying the rent in order to have a place to live. That's the point.

As Ron and Debbie say, you should be looking for a new place. But inform your landlord of that. Just from reading your question, it looks as though your landlord was trying his best to stay current. He's been trying to sell for 8 months, and managed to stay current on the mortgage up until 60 days ago. You say the landlord has "refused to put any money into repairs, etc for months." That's right. He was trying to stay current on the mortgage. Doing his best.

If you stop paying your rent, you'll be in default of your rental agreement. The landlord could start eviction proceedings and your non-payments could be reflected on your credit report. Also, as a practical matter, the landlord may be able to work out some loan modification with the lender and retain his home. Your failing to pay the rent would make that far more difficult. And it'd mean that even if the landlord were successful, you could be evicted.

So:

Pay your rent.

Start looking for a new place. And discuss the situation with your landlord.
1 vote Thank Flag Link Wed May 19, 2010
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
Contact
Dear Renter...

You need to find out if AZ law requires the landlord to put your deposit and first month's rent in a separate account.

Practically speaking, although you are contractually obligated to pay rent, if your landlord is also legally required to segregate your deposits and cannot provide proof of same, it only seems reasonable for you to withhold rent.

I am not an attorney and don't have a clue about Nevada landlord tenant law so you may want to talk to a well qualified realtor in your area that specializes in Property Management. Give them a call to find out what your 'rights" are as far as proof of your deposits. Also they can help you find your next "rental" unless you're now ready to buy.

If you're not yet ready to buy, you may want to take Dave Ramsey's Financial Peace University to get yourself on the right path. You can find a course here:

http://www.daveramsey.com/fpu/locate-class/

Hope this helps!
Alma
0 votes Thank Flag Link Wed May 19, 2010
What you really need to do is find another rental. If you stay, eventually the sheriff will visit you and tell you to leave the property. Your other option would be to make an offer on the house and buy it. Laws change from state to state. I strongly suggest that you contact the local board of realtors or a real estate atty. to fully learn your options.

Debbie Albert, PA
Coldwell Banker Residential
Web Reference: http://www.ronanddebbie.net
0 votes Thank Flag Link Wed May 19, 2010
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