View Full Version : Can an owner collect rent from a tenent that is buying the house in short sale
mixtec1910
Jun 28, 2010, 09:55 AM
If an owner has stopped paying their mortgage and their short sale has been approved , can they collect rent from me if I'm also the buyer? (California)
ballengerb1
Jun 28, 2010, 10:05 AM
If you are the tenant you keep paying rent until the closing date. The lease stands separate from a mortgage.
mixtec1910
Jun 28, 2010, 10:27 AM
Thank you ballengerb1 onemore for you! Is the owner allowed to collect the rent money?(pretty much profit from a house he is letting go) is that not rent skimming? If his bank has already accepted the short sale and they are not paying their mortgage?
ScottGem
Jun 28, 2010, 10:28 AM
That the owner has stopped paying their mortgage has little bearing on you. The only place it would have a bearing is if the bank went back on the short sale or raised the amount due to the non payment.
If you are buying the house, even in a short sale, until you own the house, they do and you are required to pay rental for living there.
Please don't start a new thread for a follow-up question. Use the Answer This Question options. I've merged the threads for you.
Whether this is rent skimming or not, and while it may be unethical, its not illegal.
ballengerb1
Jun 28, 2010, 10:49 AM
The lease is still in effect so this is completely legal. Once you close on the home the lease technically continues to run just like if someone else bought the home you'd owe them the rent. Since you may become owner/renter you just void the lease
mixtec1910
Jun 28, 2010, 10:53 AM
Thank you! Just wanted make sure no one is taking advantage of me.