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    #1

    LandLord stopped paying

    Okay so I recently went through a foreclosure on my own home so I know the process takes a while.... well my landlord just informed us he stopped paying his mortgage a few months back.

    My question is, is it legal for him to still collect rent from us? He did say once the foreclosure hits he won't charge us (obviously he can't then anywho) but I'm kinda pissed that we pay $1500 for rent to him and I know that could cover the mortgage since it's $1200. Can someone chime in, let me know what you think I should do....
    Tags: None
    #2
    Why don't you try to negotiate a sale of the property with him? You could take over the payments. You're making them anyway.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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      #3
      This is a tricky situation. As for it being legal, relative to your rights vs his rights, yes. There is not likely anything in the lease agreement that "requires" him to keep the mortgage current. But, it is a debatable point.

      In an event, when a tenant finds out about a foreclosure, often times the tenant will simply stop paying rent. But, doing so is a gamble; you are gambling that the landlord has bigger problems and wont go to the trouble to evict (he is losing the house anyway).

      The other problem is, you can probably kiss any deposit goodbye.
      Last edited by HHM; 09-20-2009, 11:10 AM.

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        #4
        Yeah but I just filed bk in Feb, would I even be able to do that? I though I would have to wait two yrs....

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          #5
          Originally posted by HHM View Post
          This is a tricky situation. As for it being legal, relative to your rights vs his rights, yes. There is not likely anything in the lease agreement that "requires" him to keep the mortgage current. But, it is a debatable point.

          In event, when a tenant finds out about a foreclosure, often times the tenant will simply stop paying rent. But, doing so is a gamble; you are gambling that the landlord has bigger problems and wont go to the trouble to evict (he is losing the house anyway).

          The other problem is, you can probably kiss any deposit goodbye.
          Good thing is no deposit! It's actually through family, he wasn't going to tell us he stopped paying but another family member let us know. So we confronted him and he said yeah I just started to stop paying. I guess it just irks me b/c I know for a fact he is saving the cash we give him b/c he also told the other fam that. So while he stacks cash we barely just get by. I know all together towards the end we will end up with about 5 months free, but I wonder if it's worth it... My hubby is gonna talk to him and tell him since he's not paying anyway that we think it would be fair to pay something around $1000 a month which with that $500 extra for us would help so much b/c we barely just get by now.

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            #6
            Originally posted by MSbklawyer View Post
            Why don't you try to negotiate a sale of the property with him? You could take over the payments. You're making them anyway.
            Ooops that was meant for your response....

            Yeah but I just filed bk in Feb, would I even be able to do that? I though I would have to wait two yrs...

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              #7
              Originally posted by MiSSMaGoo View Post
              Ooops that was meant for your response....

              Yeah but I just filed bk in Feb, would I even be able to do that? I though I would have to wait two yrs...
              I see no reason to wait. No law says you have too. If he is delinquent, the bank would probably salivate at the offer for someone with a demonstrated ability to make the payments to take it over.
              Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

              Comment

                #8
                So just was going to give you an update! We confronted him and got rent lowered to $700 and then once the foreclosure hits, we'll have about 5 months free to save and move again. Hate the fact that we'll be moving again but can't complain that we actually might get to save some money!

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