Do we have to pay rent knowing our landlord is not paying their mortgage? The house is being foreclosed.

Asked by Brinda, Miramar, FL Sun Oct 26, 2008

What are our rights and how do we proceed in this situation? We assume we won't be getting the deposit back. How long do we have before we are forced to vacate? The bank has already sent us a summons. We moved in in April and they haven't paid their mortgage since May. It is now 6 months later. What are your reccomendations?

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Diana Margala, Agent, Rancho Cucamonga, CA
Sun Oct 26, 2008
It is my understanding that the rental agreement is between you and the land lord. What the owner does with the money is his responsibility. As long as you are living in the property then you should be paying. You have signed a contract that states that you will, if you chose not to pay unfortunately you would most likely be in breach of contract.

Unfortunately I only know the laws in California, you should be able to contact an attorney and see what your rights are in your area. In California they passed a law which states that the bank has to give the renters 60 days notice once the bank y has taken over the property. Many banks give cash for keys, which means that they ask the renters to leave in a timely manner, leave the property clean and neat and they give them money to move out. Again please remember this information is California law.

Good Luck
Diana Margala 909-945-5763
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Mott Marvin…, Agent, Sunny Isles Beach, FL
Sun Oct 26, 2008
Your situation is very common. I understand that there are a few options. In absence of hiring an atorney... There are a few government agencies that are offering assistance.

There are a few good options to get things back in order.
1 vote
Carla & Marc…, Agent, Cooper City, FL
Wed Oct 29, 2008
Hi Brinda,

I have found in the past that the page usually answer a lot of my questions. I found this link there that might help you, or at least give you a start on how to contact:

Please feel free to contact us if we can be of any assistance on finding you a place to live.

Good luck to you,
Carla Rocha
0 votes
Erica Muller, Agent, Winter Garden, FL
Sun Oct 26, 2008

I have been following and writing a story about an entire community where this happened. Over thirty tenants all lost their homes to foreclosure with the same landlord who fled the country. They all stoped paying rent and did not get evicted but only because the landlord was wanted by the government and did not want to be found. Had he stayed in the country and demanded rent thwy would have had to pay regardless of the foreclosure.

The lease agreement you sign with your landlord is bewteen you and the landlord. Whether he defaults or not does not change the agreement unless you added some type of foreclosure clause in ahead of time. If you did not than you still have to pay him. If you don't than he can post a three day notice to evict and vacate on your front door. I would be careful with not paying him and be prepared for him to react. He may not have enough money to take you to court but chances are he can afford to evict you. If I were I would start looking for another place asap and add an addendum to your lease agreement that states what will happen should your landlord foreclose.

The last thing you want to be faced with is the 48 notice that you have to move out which is what you will get after the home forecloses.

Good luck!

Erica Muller
0 votes
Fred Glick, Agent, Mountain View, CA
Sun Oct 26, 2008
The other idea is to pay the rent into an escrow account that you set up. Let the landlord know. If he takes you to court (since he probably does not have money, it probably won't happen), he has probably violated your lease because he has the responsibility to make sure the house is in the proper condition

Not paying his mortgage puts you in the situation where your lease can be wiped out with a foreclosure.

This is not legal advise, just a practical idea. Check with an attorney.
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