My Landlord is letting the house go into foreclosure, they are expecting for me to still pay rent...

Asked by Goodrenter, Murrieta, CA Fri Jun 12, 2009

I have not missed one rent payment, they quit paying, they said they are letting it go into foreclosure and still expect me to pay or get out because they have someone who will pay when it foreclosure is complete. what do I do? Can they do that? They are 4 months behind.

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Minor_jacque’s answer
Minor_jacque, Home Buyer, Murrieta, CA
Mon Apr 22, 2013
I was buying a house on contract,for 7 year I lived in this house and this man has came up with so many lies. He let the house go into foreclosure and i had to move.I payed him for 7years.What can I sue him for.
0 votes
Keith Manson-…, , Milwaukee, WI
Sat Jun 13, 2009
There are two contract issues in your question. The first is that you agreed to pay rent for staying in the house because he was the owner. If you are living in the unit you need to pay the rent. If the landlord is willing to let you out of that agreement I would look for another place. If the landlord is 4 payments down, he has maybe 3-4 months left before the foreclosure happens. Then you will have to deal with the bank and possible eviction.

The second issue is the contract issue the owner has with the bank, if he does not make the payments, the bank will foreclose and distroy the owners credit and depending on what type of loans he has, sue him for the deficency or short fall between value and mortgage balance.

Good luck good renter!

Keith Manson
First Weber Group
Certified Distressed Property Expert
Greenfield,Wisconsin
0 votes
Tisza Major-…, Agent, Upland, CA
Sat Jun 13, 2009
Hi Goodrenter,

In response to your question, the answer is "yes, they can". Until the bank or someone else takes ownership of the property the current homeowners remain in charge and they can do with the home what they like. So they can indeed choose to rent the home and collect that rent as payment for its use.

Also, you have a contract with them which obligates you to "Pay Rent Or Quit", and because you have this agreement in place you are expected to abide by it whether they continue to abide by the agreement they have with their lender or not. You don't want your landlords bad financial situation to tarnish your good reputation and if you discontinue paying your rent, your landlord would be completely within their rights to file a Notice of Eviction against you.

I would agree that looking for another place to live might be a wise thing to do. Even though you could conceivably be allowed to remain in the home and continue to rent it (assuming you have a valid lease in place) for the remaining duration of your lease agreement, you might not want to put yourself and your family in such an uncertain and stressful situation.

Good luck with your situation, I am sorry to hear that you are in such a trying time. If there is any way that I can assist you please do not hesitate to give me a call or drop me a line at Tisza(at)HomesByTisza.com.

Take care and have a great day!

Tisza Major-Posner, Realtor DRE #01794679, IVPG Realty, (909) 837-8922
Web Reference:  http://Route66Living.com
0 votes
Steven Abrah…, Agent, LAGUNA BEACH, CA
Fri Jun 12, 2009
My main concern would be my security deposit!
How long have you lived there?
How many months do you have before the end of your current lease?
Have they received a Notice of Default?
Check the title!
Hypothetically, if you continue to pay rent and let's say the bank takes over, the bank will most likely have to abide by the contract you have in place!
The exception to this would be if the new owner plans to occupy the property!
In that case, you should have 90 days to vacate!
I would consult a real estate attorney who is up to date with the current landlord tenant laws!
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