 Help Please - My Landlord tell me yesterday to move out tomorrow! ? |
Hello there,
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michael b | How do I find out if someone is in foreclosure? Do I have to pay rent if my land lord is in foreclosure? |
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David
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Yeah, your landlord can still come after you, regardless of his situation. If he's broke, he may just do that...or not, if he's really broke. |
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chowbiz
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Certainly not a legal answer (I'm no lawyer), but you have an agreement with the landlord to pay for the use of his property. If he is "in" foreclosure, that means the property is still his, consequently, you'd still have to pay him. There's no free ride for you just because he can't pay his bills.
If he is in foreclosure, that means that the bank becomes your new landlord. Look carefully at your lease to see if there's anything there about what happens if your landlord changes. (This also happens when, say, the landlord sells the house--you get new landlords.) I think some leases say you can leave if you want.
I suppose the real question is to ask what you are trying to do. If it's to live there and not pay rent, that's not likely to happen. If you want to leave, you probably can. If you want to stay, even if the house is foreclosed, find out from your state what your rights are as a tenant. Some states favor tentants.
Finally, as I've heard it, many leases aren't very well written and often violate local and state laws. You may find out better information from looking for state rules on tenancy than you will find in your lease. |
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beachloveric
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Yes you do need to pay rent one event is exclusive of the other. You can find out by going to the courthouse and asking to see the record for the property, or the clerk will help you. You will see any judgement there. It is a lengthy process so there should be preforclosure docs filed way before the property will fall to foreclosure |
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bv1999
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Do you have to pay the rent? Yes
Does it need to go to the owner ? Maybe...maybe not.
Chances are the landlord isn't keeping his end of the bargain with the bank or he wouldn't be in foreclosure.
When the foreclosure gets to a certain stage you will be gone and out of a home.
Call the bank and ask them if you can stay a few months and take care of the property until you find a new home. Offer to pay them 25% of the rent your giving the deadbeat landlord.
When the bank agrees, call the landlord and inform him of the arrangement and explain he won't be getting any more money from you. If the landlord doesn't like it,tell him to call the bank and work it out with them. |
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chris4realestate
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I'm a Realtor, not a lawyer, but I don't see how his foreclosure has anything to do with your debt to him. That's like saying if I'm losing my car to the repo man do I have to pay my grocery bill? You made an agreement to pay him rent. That's a completely separate issue than his personal finaces - whether he is foreclosing on his house or if he made his credit card payments late. Keep in mind, tho, that if he does foreclose, you could be out on the street. |
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Racist Answer Man
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Technically yes. Your agreement to pay rent doesn't specify the landlord's financial condition per se. That may be a little different if you were paying rent to a corporation and the corporation is dissolved. |
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angelguide
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If your landlord is in forclosure all the more reason to pay rent.It is the decent thing to do.By the way foreclosure proceedings against the landlord does not affect your obligation as far as rent goes.You have to pay. |
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Spell Check !!
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There's a guy on television who can show you how to become a millionaire with that foreclosure. |
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BMD
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Whatever contract or agreement you have between your landlord is what you have to legally follow regardless of his/her situation.
But even if you didn't, I couldn't imagine considering to further contribute to someone's hardship, which is what would happen if you chose to not pay rent because of a foreclosure situation. Your montly rent could prevent him/her of having to go through with the foreclosure. Just something for you to think on in case you find a loophole on not paying. I own rental property and would hope my renters look at their monthly rent as "services used" and not "as a favor" to pay my monthly note. (Scary to think there are renters out there who think like that, but i know they are). |
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pemberton561
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Regardless of your landlords financial problems you are still obligated to pay your rent. otherwise you will be in violation of your rental agreement and your land lord could sue you or evict you. as to your other question I believe that the information could be found by going to your city's website under public notices. |
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everything4eyes
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You will need to keep paying rent. If your landlord can't pay his/her mortgage repayments, the bank will be foreclosing the property. If thats the case, they will sell the property and kick you out of the shop or home. The bank will deliver a letter of foreclosure to the property advising to vacate the premises (thats when you will know if his/her property is in foreclosure). |
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Jeff B
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Goto forclosures.com to see if he is - you can get a free trial period to their service (7 days I think).
Yes you have to pay rent. |
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Dan H
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If you are living there, you need to pay rent.
Realize, though, that in most states, if the bank forecloses on the house, you will likely be out of living space. Possibly without much notice, and no, your lease will not be valid. |
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foreclosurefish_com
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Look up the information with the county clerk's office. They'll be able to tell you if the property is in foreclosure yet, because the bank will file a lawsuit against the homeowners and may file a Lis Pendens against the house, warning anyone who looks at the records of the house that the property is involved in litigation.
Lis Pendens = litigation pending
You do have to keep paying rent if you plan on living there, even with the foreclosure going on. If you decide to move out, you do not have to pay rent anymore. But the terms of the lease are still binding upon you and the landlord.
As long as you plan to live there, you have to keep up your end of the agreement to pay for the space. He, of course, has to give you the space you rent on monthly basis, but wouldn't be able to collect rent if the house is sold at sheriff sale and he is no longer the owner.
Also, he may have some plan to save the home and if he is able to avoid foreclosure and you stop paying rent, then you'll be in danger of being sued or evicted. That would be bad for you, obviously. |
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Mike
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You can go to The County Recorder's office and look up the name of the owner of the building in the grantor/grantee index and see if a notice of default (NOD) has been filed against him.
Make certain that you check the records up to the last 24 hours. some Recorder's Offices have this information available on computers up to the last 24 hours.
Other Recorder's Offices that have not entered the computer age have this information in books.
You will literally have to look through a stack of books for each day to look up those names. This can be quite a pain in the neck, particularly when the people who work for services that sell that information also want to use the book Often there is only one book and many people who want to see it.
I recommend that you get to the Recorder's office at least 15 minutes before they open so that you are first in line to inspect the material.
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If your landlord does have a notice of default filed against him, then I recommend that you consult with an attorney.
Also, getting your deposit back will be almost impossible.
I recommend also that if your landlord does have a notice of default filed against him that you look for another place and give notice to your landlord once you have found another place.
Your landlord probably will not have the money to return your deposit because he probably spent it. If he cannot make his payments on the mortgage he probably does not have the money to pay you your deposit.
You will probably need the help of your attorney to get your deposit back.
If you are the first one in line to move out and demand your deposit back you are more likely to get paid.
If you have to send your attorney after your landlord to get your deposit back, remember the language that gives your landlord to collect his collection costs and attorney fees from you if you default on your obligations to him works both ways.
You have the right to recover your attorney fees and collection costs from him he he defaults on his obligations to you. |
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