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lovely323 · Aug 15, 2010, 04:30 AM

Me and my family were desperately need to rent a house fast so we signed a written contract for a year but now its being short sale one month before our contract is over we paid her late fees (no more than 8 days late on rent) she charged us 50 a day because she said the bank was charging her that and we rent a 2 bed 1 bath with a garage turned into a single little house for 1900 plus water now she's saying that if the potential buyers don't buy it the bank will give her the house back for negotiation what should we do not pay her rent? Sue for all the late fees we paid her but she wasn't paying the bank otherwise we wouldn't be in this situation

cdad · Aug 15, 2010, 06:00 AM

Have you contacted the bank? Maybe they might be willing to sell you the home instead of letting it go? Are contracts signed for a short sale already?

lovely323 · Aug 15, 2010, 07:40 AM

Thank you for replying. Well she said that she was trying to save the house but since we moved in here she said she was behind on her payments but still rented it and some people came to see the house with a broker but the owner said it was the bank that were going to come see the house I really don't know much about tenats laws. Should we still pay her rent even tough the house its already on the market with a pending sale we paid 1900 plus water n the house is now valued 11500 and we paid her a lot of money if were late on our rent up to 50 a day I have receipts

lovely323 · Aug 15, 2010, 07:40 AM

Thank you for replying. Well she said that she was trying to save the house but since we moved in here she said she was behind on her payments but still rented it and some people came to see the house with a broker but the owner said it was the bank that were going to come see the house I really don't know much about tenats laws. Should we still pay her rent even tough the house its already on the market with a pending sale we paid 1900 plus water n the house is now valued 11500 and we paid her a lot of money if were late on our rent up to 50 a day I have receipts

cdad · Aug 15, 2010, 11:16 AM

The tough part is that you have a rental contract. But you need to talk to a lawyer because if the house is sold there is little remedy to get going again if some else wants you out. You may have a remedy through escrow. And be allowed to let the payments go there. You really need a lawyer to walk you through this one.

Fr_Chuck · Aug 15, 2010, 04:12 PM

Well first you only pay late fees that are listed in your written contract, what fees she is late, is not your issue anyway.

A short sale also does not mean she is late on any payments, it only means that the house is selling for less than the loan amount, and it is not required to be late on any payments.
** but often it is a reason.

1. you have to pay all of your rent, and any late fees that you are obligated to, in your lease.

2. if the house sells before your lease is over, the new owner has to honor it. Also if the new owner takes over the home while you are still in the lease, they take over the obligation of your deposit ( it is suppose to be transferred to them at closing)

If you have been over paying, the issue here is you agreed to it, the owners can ask you to make changes to your lease, and if you agree, it is really just your mistake.

So don't pay anything not listed in the lease,

lovely323 · Aug 15, 2010, 04:43 PM

We were in desperate times to find a house asap she just wrote on a piece of paper the amount and late fees of 100 to 50$$ a day but I've been paying late fees because she states that the bank is charging her that but my question now is if the house is currently up on the market for short sale then that means she wasn't making her payments to the bank therefore no late fees apply so in the piece of paper she wrote as a contract it does not specify that late fees apply if the payments are not being made for the property

Fr_Chuck · Aug 15, 2010, 04:55 PM

No a short sale does not mean she is not making her payments.

It only means the home is selling for less than the loan value is. And the bank will have to accept less than their full loan for a payoff.

Often it does mean the person has been late with payments, but again it does not mean anything except the house is no longer worth its original loan value.

I have bought several homes through short sale, in most cases the person with the loan has had to work with the loan company for months, normally 3 to 6 months prior to the sale to get it all approved.