[vellvell69]

Hello , my wife and I moved into a home some 11/2months ago . We paid 1,200 dollars first last and security deposit when we moved in . In October of 2009 The owners of the property told us that they where putting the house up for short sale . My wife and I tried to qualify to buy the home but, failed . So in Dec . We got served foreclosure documents . We did not know the owners were pending foreclosure . As soon as we learned about the foreclosure , we went by their home , not only to question them about what was happening , but to pay them as well for Dec. rent . Our lease agreement was up in Nov. 2009, and so now we are on a month to month with them . Which that agreement is verbal . I'm not sure if I should continue to pay the rent to them because of the foreclosure or not . I'm really confused and scared at what is taking place . What about the last and security deposit given . I asked that because today I was served a Pay or Vacate notice for 3 days . How would you handle this . I can't just pick up and move In 3 days . Even though I'm planning and packing , I still have to get approved some where else . I just need more time and do I still need to pay the $1,800.00 They are asking ?

[ScottGem]

You cannot stop paying. As long as the foreclosure is still in process they own the property and are entitled to the rent. I'm assuming you did not pay Feb because of these fears. So pay up! What does the $1800 comprise? How much is your monthly. I'm guessing that its $600 based on the deposit and maybe that you stopped paying after Nov.

If you need more time, you shouldn't have stopped paying your rent. You will be required to give 30 days notice of moving. And pay up until you vacate or the end of the notice period.

As for your deposit, If the lease did specify you were paying 1st and last, then you can avoid paying that last month. Otherwise you will have to pay it then sue if the owners don't return your deposit.

[vellvell69]

No , Scott. I hope you mis understood what I was asking . What I'm saying is I have never not paid for any reason and I am paid all the way up to Jan . 2010 . How can I receive a 3day notice with a first , last , and security deposit ?

[ScottGem]

Unless you have given notice of vacating then they can give you a Pay or Quit as soon as you are one day late.