On August 1st, 2012, we attempted to pay the rent to the owner of the single family house that we live in with him. He refused to take our rent money and told us to start packing our belongings because the house had gone into foreclosure. We have been actively looking for a new place, but with limited funds it has been difficult. We will hear this week if we are approved for an apartment and hope to move out asap. The owner asked me today if he were able to save the house were we going to stay. I told him no. He then stated that we would have to start paying rent again immediately. Are we liable to pay him rent since he had refused our payment & told us the house was in foreclsure? Is there a law in Virginia to recoup our past rent paid since he stopped paying the mortgage?

Thank you

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Originally Posted by marthagene16

O... Is there a law in Virginia to recoup our past rent paid since he stopped paying the mortgage?
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No. Why should there be? Whether he pays the mortgage is really none of your concern.

Why he refused your rent is mysterious. If and when the foreclosure happens, you have a right to at least 90 days notice after the foreclosure sale, before you you have to be out; or for the remaining term of your lease (if you have one) whichever is more.

Tenant/landlord agreements are supposed to be in writing, so without his refusal of your rent in writing, you would have a tough time in court. I would be straight with him - tell him that if you don't get the new apartment that you will pay rent for August and Sept.

No, you cannot get past rents back, or withhold future rents, regardless of what he did or does with the money.

You could try negotiating a reduced rent for August and future months based on the fact that he told you not to pay, and the possible foreclosure, and not having to now evict you for non payment. In other words, he has a good deal with you still there for a while. But wait until you know about the new apt.

For him to get you out of the house, he would have follow the legal process. However, unless you can prove to a court that he refused the August rent, he can give you a 3 day pay or quit notice.

As long as you live in the house, you will be required to pay him rent. ( the status of the house in foreclosure does not apply)