Foreclosing and landlord wants appliances please help!

[ElDiablo99]

Here is my story.

Moved in to a house and signed a contract for 2 years (till March 2010). Left $4k deposit and the landlord provided a fridge. The stove dishwasher and oven/micro were also installed.
Two days ago he informs me that he is getting foreclosed on the 18th and he wants me out. I said NO since I need more time to move out of the house. Then he says since I will stay he wants to come over to the house to take his property before it gets foreclosed. That means he wants blinds, fridge, oven, stove and DW. I told him that he can take it after I move out but he says that it will be too late.
What can I do? I can't live in the house w/o the kitchen. Also the bank has not contacted me so I'm in a limbo.
Help!

I'm in California if that helps.

Thanks.

[justbroke]

You need to find out what local housing resources you have. I do not believe that the landlord can come in and take those things from the house. Immediately call your local "Legal Aid" and ask them what resources are available. Do not delay.

[AngelinaCatHub]

To date, this is still the free Country of the United States. Your home is your Castle. He has no legal rights to take anything out of your place as long as your payment is up to date, and you have lived by your agreement. It is his problem and not yours. Call 911 if he tries to do anything against your apartment or rental home. This I know is a universal fact. Protect your Castle. 'Hub

[albacore44]

i'd also worry about that $4K deposit. he's gonna let that house forclose right under you and he will disappear into the night with your money

[DeadManCrawling]

Another tact you may wish to employ:

Collecting rent on a property that is in foreclosure is a civil crime, punishable in court.

Inform him that you know this and will be available to testify unless he gives you a reasonable timeframe (and returns any deposit).

This may or may not buy time.

If he shows up, deny him entry (may wish to change locks). Call the police if he shows up. He cannot enter your rental for any reason if you are paid up, and certainly not without a court order even if you have not paid.

Eviction procedure would apply and should protect you. Read up, call attorneys, call the local law enforcement. He cannot do this as you have explained it.

If there is some other factor, or you have not shared the full story, please do so, as there may be other options available to you. Not saying you have not been honest, or anything like that, but if fear or memory interfered with your post please do correct it so we can advise better.

Remember, ours is just advice. Consult an attorney quickly if you wish to really solve this.

[ElDiablo99]

The rent is paid to the end of the month. He cashed the check. I also read somewhere that I can get my deposit back from the bank that is talking over. He provided me with the info to the bank. I will call them to let them know that he has a contract with me.
I would want to help him if I can but I don't know how. I don't want to lose my kitchen in the process. I know that bankruptcy is hard and not fun.

[hereforinfo]

Wow, what a scumbag. I don't know why you'd want to help this guy after he defrauded you. He executed a 2 year lease with you just a few months ago and took your deposit and rent, knowing it was going to end up in foreclosure? Then he tells you this, giving you a week's notice to move out and wants to take the appliances and fixtures out from under you?

What he's trying to do is illegal, and if I were you I'd definitely call the lender and ask what your options are. Call an attorney or someone in legal aid ASAP to find out how to proceed. If he tries to enter the property, call the police.

[justbroke]

He executed a 2 year lease with you just a few months ago and took your deposit and rent, knowing it was going to end up in foreclosure?

Be very worried. When I was looking for a place to rent (ask me later on the whole story), I ran into SEVERAL landlords renting their place when they were in active foreclosure (lis pendens already filed). In one case, I had to question the owner after I did my due diligence -- checking the County Court Records and finding the foreclosure action. Only then did he confess that it was in foreclosure and I "might" be able to enjoy a $1.0M brand new golf course home, for $1,500/month. I knew the price was wrong, that's how I figured out that I needed to do some due diligence.

Please don't get me wrong. There are owners out there that tell you up front the situation, and that they need the deposit in order to "cure" the default These are the honest ones.

[ElDiablo99]

I have signed a 2 year contract in March of 2008 that will expire in April 1st of 2010. He was up to date with his payments.

[joab]

[ElDiablo99]

Thanks, since the owner can't pay the mortgage I'm sure that he will not refund me the deposit. Can I stay at the house rent free for 90 days to recover my deposit?

[joab]

If the sale gets postponed, which often happens, you may be able to negotiate something with your landlord as far as future rent coming out of your deposit--be sure to get it in writing though. Before trusting what your landlord says about whether the sale did or didn't go through as scheduled, I would call the trustee's office and confirm the sale date and who the buyer was. Of course, once the sale goes through the new owner will probably contact you fairly soon.

After foreclosure, you cannot technically stay rent-free in exchange for your deposit--unfortunately the new buyer is unlikely to care about whether your landlord returned your deposit.

I would put aside the rent money unless/until the new owner asks you to pay rent--you may be able to use it for moving expenses. Some foreclosure buyers will offer you cash for keys to get you out in a hurry. If offered cash for keys, you want enough so you can afford to move right away--I'd at least want enough to cover first month's rent and deposit at the new place.

I would go after your landlord in small claims court if necessary; just because he's defaulting on his mortgage doesn't automatically mean he's broke. It's worth a shot. Also, unless your rent was really high it sounds like $4k may have been too high a deposit--in CA the limit is twice the monthly rent, or three times the rent for a fully furnished unit (not just a stove and fridge). If the landlord charged you too much you may be able to hold that over his head as well.

[ElDiablo99]

If the sale gets postponed, which often happens, you may be able to negotiate something with your landlord as far as future rent coming out of your deposit--be sure to get it in writing though. Before trusting what your landlord says about whether the sale did or didn't go through as scheduled, I would call the trustee's office and confirm the sale date and who the buyer was. Of course, once the sale goes through the new owner will probably contact you fairly soon.

After foreclosure, you cannot technically stay rent-free in exchange for your deposit--unfortunately the new buyer is unlikely to care about whether your landlord returned your deposit.

I would put aside the rent money unless/until the new owner asks you to pay rent--you may be able to use it for moving expenses. Some foreclosure buyers will offer you cash for keys to get you out in a hurry. If offered cash for keys, you want enough so you can afford to move right away--I'd at least want enough to cover first month's rent and deposit at the new place.

I would go after your landlord in small claims court if necessary; just because he's defaulting on his mortgage doesn't automatically mean he's broke. It's worth a shot. Also, unless your rent was really high it sounds like $4k may have been too high a deposit--in CA the limit is twice the monthly rent, or three times the rent for a fully furnished unit (not just a stove and fridge). If the landlord charged you too much you may be able to hold that over his head as well.

Thanks my rent is $3300.