I am renting a property that was recently started the foreclosed process. However, I am veryu concerned because I called the landlord and he acted as though nothing happened, and I want to know if I should not pay the next two months rent, so I can save and move out to cover my moving expenses and my new deposit and rent for the next place. I am not willing to stay, because my landlord is probably uo to now good. We agreed that I can put a 30days notice in but I do not feel that I should pay him anything for the next couple months, I s that an option for me.

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Originally Posted by LKS05122003

but I do not feel that I should pay him anything for the next couple months

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Hello LK:

Why do you think you should get free rent? I don't think you should get free rent. You also shouldn't have to pay him rent for the time after the place is foreclosed upon cause it won't be his anymore to rent.

It won't work to just make up some time frame (like two months) that you'd be comfortable with. You need to work out a time frame that works for both of you.

The problem is that your landlord is having financial problems. He wants your rent. Is he going to tell you exactly when the house will no longer be his?? I don't know. He should, and that's the date you should stop paying rent to him.

You could, of course, make an attempt to rent from the new owner. If you can, HE'S the one who should get your rent.

excon

Your landlords dealing with his bank is not the renters concern.

The renter has to legally pay for every month they are living in the home.
If you don't pay, the landlord and sue you in court for rent and late fees.
You have no right to cheat the landlord out of money, and the only one that appears up to no good is you by trying to cheat him out of rent.

Merely going broke and losing a house to a foreclosure is not "no good" it is sadly just a loss for them.

I am in a very similar situation to the OP and I can understand her feelings even though I cannot agree with her proposal.

My LL just handed me papers indicating that our house is going for sale on the 8th of next month. If he fails to get the home out of foreclosure I will have to vacate by mid month - a BIG problem since I am renting a FARM and have to relocate not just my home but my livestock (ever try and move several hundred chickens?).

My intent is to pay what I owe for this month (a separate issue there) and wait until the last minute to pay next month. My grace period will take me to the 10th. If the house is sold I will not pay for October because I know I will be told to leave part way through and have no confidence that the balance of the rent would be returned.

You stop paying rent, former owner will just pocket the money and has no obligation to provide any services... ie. Lawn, garbage, utilities. When the property sells you will have 3-30 days depending on which state you're in to leave if the new owner so wish it. If your leave was signed prior to the foreclosed mortgage note then in most states it will be in force, if not then you will be in "limbo" as in month to month rental agreement until the new owners present a new lease to you.

Excuse me... lease not leave... sorry

If the foreclosure process has already started, than it is in the process of being taken over by the bank. There is no new landlord... it's the bank. And regardless of whether the owner is having financial difficulties, he is being completely dishonest to his tenant by not coming clean with her, instead of acting as though nothing is happening. If a notice has been served upon the house, the tenant can contact the lawyer or realtor on the notice, and they will work with her. The landlord is in foreclosure because he has not paid his motgage for at least 90 days, so obviously he's already pocketing the money... or he wouldn't be in foreclosure in the first place. Once the bank takes full ownership of the property the tenant has up to 90 days to stay on the property... RENT FREE!

Personally I'm sick of these shady landlords trying to use people.. it's dishonest and lacks any and all moral character.

Actually Obama had a law passed that basically gives federal precedent to any state laws (unless the state's laws are more favorable) to give the tenant at least 90 days before they have to leave or until the end of the lease.
http://www.nolo.com/legal-encyclopedia/article-30064.html for more info.
Dominic X
Your Favorite Connector.com

There are some notable exceptions, however, to this grim scenario. Tenants who participate in the federally financed Section 8 program will see their leases survive, as will tenants in New Jersey, New Hampshire, the District of Columbia, and, as of the end of November 2007, Massachusetts. In these states, new owners cannot evict lease-holding tenants unless the tenants have failed to pay the rent or violated any other important lease term or law. Tenants in other states who live in cities with rent control "just cause" eviction protection may also be protected.
http://www.financemetrics.com/dont-get-sucked-in-by-clever-tenants-know-them-first/