Rent garnish due to landlord default
I've been living in a wonderful rental for about 6 months in an 18 month lease. In the first month (after I moved in) I found out it was going into foreclosure. Neither the landlord nor the real estate agent whom I rented it from informed me of this (I found out through mailings sent "to homeowner" from various attorneys) The owner assured me that it was temporary and I believed him. I love the place and would love to stay here for the duration of the lease. The problem now is that the owner has never paid his HOA fees (since he purchased it over 2 years ago). Additionally, the shutters on the home are in disrepair and neighbors have been quipping about how it's "bringing down the neighborhood." I've been called twice now from the HOA's attorney. I've given this attorney my landlord's contact information. The HOA's board has discussed the issue at several board meetings, which my husband was asked to attend. The board seems to think that they can garnish our rent if the landlord continues as he has, not to pay the fees. Our landlord has told us that we can get the shutters repaired and deduct it from the rent. This is fine with us and we've told the HOA board of this intent. However, and I can understand their frustration (being a homeowner/landlord in another state who also belongs and pays fees toward an HOA) and growing resentment toward us--the only face of the property, they have assured us that the HOA is going to start garnishing our rent as a result of our landlord's refusal to pay. This could potentially draw him back towards foreclosure, affect our current lease, and inadvertently leave the community with an empty, even worse off property. Can the HOA dot his?