Rentals in Bohemia>Question Details

Mgvr28, Renter in Bohemia, NY

can you sue your landlord if they are taking rent from you and not paying the mortgage with that money?

Asked by Mgvr28, Bohemia, NY Tue Sep 14, 2010

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Realtors do not give legal advise. Consult with an attorney and see if the house is in jeapordy of foreclosure, if that gives you grounds to break your lease to find a new apartment and receive your security back. Best of luck to you!
0 votes Thank Flag Link Thu Sep 30, 2010
You can sue the Pope for paternity, if you so desire,but, you won't win. Your contract, as a tenant, is between you and the owner. The owner has a contract with the bank to make monthly payments. So no, you can't sue, and, even if you won, he isn't paying the bank, so how would you expect to collect.
0 votes Thank Flag Link Tue Sep 14, 2010
Sure you can sue. As Lyle correctly says, you can sue anybody for anything.

Will you be successful? I'm not a lawyer, so this isn't legal advice. But: Very, very unlikely. Bluntly, it's none of your business what your landlord does with the rent you pay. That's between the landlord and the lender. You have no standing in the matter.

You and your landlord have a lease. To greatly oversimplify, you agree to pay rent every month and your landlord agrees to provide you a habitable place to live. I seriously doubt your lease has any provision requiring the landlord to pay his mortgage.

So: Check with a lawyer. Or check with your town or county housing authority for guidance. But, as I already said, the landlord's obligation to pay his mortgage is between him and the lender, not you.

Hope that helps.
0 votes Thank Flag Link Tue Sep 14, 2010
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
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For any legal questions you may have, do consult with an attorney who specializes in real estate--keep in mind the landlord owns the property and he/she is free to use his/her money as anyway so desired.
0 votes Thank Flag Link Tue Sep 14, 2010
Unfortanately this is a common practice where landlords collect rent money, are not paying the mortgage and get forclosed on. You should check with your state AG's office as it is a crime as well as a civil matter in some areas.
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Tue Sep 14, 2010
In the USA you can sue anybody for anything, but that does not mean you will win or even get much if you do. In New Jersey, if the place you are renting changes ownership (even if it is taken over by the lender in a foreclosure action), the new owner must honor the terms of the existing lease, so renters are always protected. You need to confer with a NY attorney regarding your rights. A bigger problem you may have if your landlord is stretched financially is getting him or her to do necessary repairs and maintenance.
0 votes Thank Flag Link Tue Sep 14, 2010
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