My husband and I had to move in with a sick family member, because I am disabled my husband had to quit his job to be a full time caregiver. We decided it would be better if we tried to rent out our property. The tenants signed a 2 year lease, security was given in lieu of carpets and linoleum. Because it took us two months to get the house rented and renters move in, we fell behind 2 months. We tried unsuccessfully to make arrangements with the mortgage company, when the payment last month was more than 15 days late the mortgage company would no longer accept payment. I wrote on the receipt to the renters that because of late payment the home might be foreclosed on. I do not want to take advantage of the tenants, but I am unsure how to proceed. I am afraid that if I tell them they will damage the property(as they have had domestic issues and both have a tendency to drink)I am pretty sure that no matter what they do to the property that I will have to give it back in full. Is that the case or can damages be deducted. I am unsure whether I am supposed to stop collecting rent or if We are supposed to let them live there for free while awaiting the foreclosure. I have not received notice yet, but it is on the way, Because I am disabled and my husband is a full time caregiver we would not qualify to have our loan renegotiated. What should we do? What are we required by law to do? Can they sue us because the lease is still in effect?

Hello:

Nobody lives for free. Of course, you charge them rent.

excon