houses dont sit long in my area. only to remodel and boom their sold. the old lady tours all the houses.
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FOUND OUT THE LANDLORDS NOT MAKING THE HOUSE PAYMENT.
- Thread starter pearlemae
- Start date
The same thing happend to me but I stayed in the home.. Not many people are aware of a program called cash for keys. When the house went into foreclosure the bank sent over a real estate agent and he said that if I move in 2 weeks he will give me 2k. I told him I will move in 3 weeks and I wanted 3k. He called the bank and they agreed. The longer the house is occupied the longer they have a none performing asset. If they cant get inside to see what the house looks like they cant sale it.. I could have stayed in the house for over a year before I would have been evicted. They dont want that to happen. They want you out ASAP so they can sale the property. Find out if you qualify for this before you move..
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as soon as your current lease is expired and you don't renew (why would you) you automatically fall into a 'month to month' lease. You can leave @ anytime w/o issue as soon as your annual lease agreement expires as you'll not be held to any of its terms.
Your landlord is BROKE, he cannot and will not chase you in the court system because there's no reward considering the legal fees involved. Once the annual lease is expired (you said soon) he has no ground to stand on. If he did try to chase you the courts would certainly recognize the fact that his foreclosure was the actual cause of the lease being broken.
Most standard leases include renewal language entitling you to stay (if both parties still agree to terms) when the original lease expires, his foreclosure is the true cause of the lease becoming invalid, that plus you're so close to it expiring on its own that NO judge would find against you as you can prove yourself to be a good renter having always paid on time.
pay your rent for every day you do stay however, that's black letter law.
S4L former real estate broker/associate.......
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I offer to do a host sale 2 years ago, after he asked me if I might be interested in buying the house. So I asked whats he asking, and he was under water and I would only go a short sale but it would hit his credit. He didn't want to do a short sale as he has 2 mortgages on the house and didn't want to take the hit. So at this point he can sink for all I care. The house is really to small for us and the two dogs, we're going to look at a place today. So we'll see how things float.
Not sure if this applies in all states, but word to the wise. If you find out your landlord is not paying the mortgage payment, you are still responsible for paying your rent. I know it's a fucked up situation but the landlord's agreement with the bank and your agreement with your landlord are two entirely different things. Landlord can take you to court for non-payment of rent and once an unlawful detainer is filed and awarded, your rental history is screwed. Last thing you want while you are trying to rent a new place is to have an eviction on your record. Follow the law and give your landlord a 30 day notice in writing and start the search for a new house. Advantages to you are there are lots of rentals available these days and most landlords are just looking to get someone in their property.
20+ years in Property Management, so I know a thing or two...............
Bunz
the title lord provides no protection from crazy neurotic fucks like me.
If had a land lord that didnt pay the mortgage and I was paying the rent and was about to get kicked out I would sue him/her/them for all previously payed rent, and stop paying rent. If they threatened to take me to court over it and ruin my rent history then I would straight up make sure no one ever saw them again, they sure as hell would not make there court date. just another missing person forever.
20+ years in being professionally evil towards people that attempt to fuck with me. so I know a thing or two..............
Bunz
Active member
Not trying to fuck with anybody, just letting him know the laws. Once I know the owner isn't making his mortgage payments, I drop them so I don't have to get involved in situations like he's in.
I guess you missed the part where I said "I know it's a fucked up situation......"
Serving life over a rental though........................seriously??
lol. I know, I was not referring to you or anyone specifically. I am just saying someone that is that much of a scum bag deserves what they get. think about it. You have been paying rent, but the landlord has been pocketing it vs. paying mortgage. Then he tells you that you are getting evicted, but you still have to keep paying him. Then he threatens you. sorry at any point I start getting threatened I eliminate the threat one way or another. Not in a gangsta way by any means, but I make sure they know that if I see their face again that I wont be so nice the next time. I'd make it clear to them Like Marcellus Wallace said to Butch. "you lost all your LA privileges. I better not see you are here again, you understand."
At that point, it's not over rent money. It's over ripping me off and blackmailing me; with zero provocation. I am just doing my thing and the landlord becomes scam artist and then further more tries to use the system to hold me hostage and financial rape me. fuck that. At that point he is not a landlord or an innocent. he has jumped in the game and all is fair. They brought it on themselves at that point; and if they dont drop it then it wont matter if I'm in jail or credit ruined or whatever, because someone will find them for me, and fuck them up beyond recovery.
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Bunz
Active member
No it was in reference to his "making sure no one would ever see him again...................just another missing person forever."
Bunz
Active member
Gotcha!! I understand perfectly. That's why I said it was a fucked up situation. When that has happened with our company in the past (like I said before we try and get rid of these owners once we catch word), we offer the tenant another property and work with them on the deposit. It's no fault of the lessee that the situation happened and we do what we can to help them. Just wanted to inform the OP as to what the court of law says.
Bunz
BurrZurrKurr
Member
If you are in Cali., exercise your squatters rights. Pay him nothing, and stay. He'll never get you out.
Bunz
Active member
If he's under a current lease, he doesn't have squatters rights.
BurrZurrKurr
Member
Lease is up for renewal as per original post. It expires, he might as well ride until tossed. Landlord is in default, tenancy is up in the air.
I wouldn't pay LL a dime - he's pulling the same deal w/ bank - no point in filling his pocket.
Pearlemae, that was 2 years ago, his credit is ruined now anyway, or it will be ruined after the BK & foreclosure. You should ask again, you're in a much better bargaining position.
Positive energy being sent your way right now...k++
Bunz
Active member
If his lease is expiring, it's probably goes to month to month (as 95% of all leases do). Again........if he gets evicted by court order (and that's the only legal eviction), his chance of getting another rental is ruined. His agreement is with the landlord. The landlord's agreement is with the bank. Two completely different LEGAL agreements. As wrong as it is, the landlord not paying his mortgage has nothing to do with the tenant not paying his rent. For example............you have a credit card with Walmart. You find out Walmart is declaring Chapter 11 bankruptcy. That doesn't give you the right to not pay your credit card because Walmart isn't paying it's bills. Your agreement is with Walmart, not their creditors.
Before I get more PM's..................I'm not siding with the landlord AT ALL!! I'm simply stating the laws in California and how they apply.
Bunz
best thing to do is just leave. just stop paying him and get the fuck out of there and count your losses. No judge will do shit to you, if they knew the scam this guy was pulling. this landlord sounds like he is scum and will attract LEO. Really it is always best to just leave a bad situation. just give him a stern warning that he better just let you go easy and all will be well, but if he causes a fuss then it wont be fun for him.
another question. if he is not just a scam artist and he really is losing the house and going bankrupt, then how could he afford to take you to court for leaving the house? Does he need to hire a lawyer and pay court fees to fuck with you or does he just report you? I am sure it is different in different places.
another question. if he is not just a scam artist and he really is losing the house and going bankrupt, then how could he afford to take you to court for leaving the house? Does he need to hire a lawyer and pay court fees to fuck with you or does he just report you? I am sure it is different in different places.
Your landlord is scum. His not paying the rent and collecting it from you all the while is a form of theft or fraud. His telling you that he wants to continue to collect rent, not pay it, and try to get away with it involves you in conspiracy. If you would continue after knowing to support him in his crime you are as guilty as he is.
I doubt that anyone would prosecute you on anything, but nothing is for sure. I would not want to complicate my life in such a way unless you had nowhere to go. You can probably find out who has control of the house and pay them directly. I am sure that would make you the bigger man and believe me, the banks would love to have your money (if they legally could). Not sure if they can do it, but if you are on the spot and haven't found a place yet it is worth considering. It is a mess that could involve the police and a lot of the time when people are busted it is because of something the cops find by accident. They could come to serve you and find some evidence that could give them probably cause and subsequently a warrant. It is good you have already shut down. I would terminate any speech with your landlord at this point and if you need to stay get the advice of an attorney. That way when the landlord comes you can say my attorney advised me to such and such, take it up with him.
Anyway, sorry to hear you have been handed this shit sandwich. Buying a house is one of the greatest feelings on earth, and you may want to consider it. If you consult the bank and possibly your attorney you could possibly buy the place. You say it is too small, but it was not so small that you didn't consider living there at one point.
Good Luck
I doubt that anyone would prosecute you on anything, but nothing is for sure. I would not want to complicate my life in such a way unless you had nowhere to go. You can probably find out who has control of the house and pay them directly. I am sure that would make you the bigger man and believe me, the banks would love to have your money (if they legally could). Not sure if they can do it, but if you are on the spot and haven't found a place yet it is worth considering. It is a mess that could involve the police and a lot of the time when people are busted it is because of something the cops find by accident. They could come to serve you and find some evidence that could give them probably cause and subsequently a warrant. It is good you have already shut down. I would terminate any speech with your landlord at this point and if you need to stay get the advice of an attorney. That way when the landlord comes you can say my attorney advised me to such and such, take it up with him.
Anyway, sorry to hear you have been handed this shit sandwich. Buying a house is one of the greatest feelings on earth, and you may want to consider it. If you consult the bank and possibly your attorney you could possibly buy the place. You say it is too small, but it was not so small that you didn't consider living there at one point.
Good Luck
