[paigekoble]

I rented my house in FL to a friend. The lease is up in August 2008. I have paid all of the rent collected to the mortgage company. The rent does not pay the entire mortgage.The first mortgage is not late. However, the second is 60 days late. I am not able to continue to pay this debt. I am filing bankruptcy this week. I advised my friend that she should begin looking for a place to live. I advised her that she can live in the house for a month without paying rent. She does not want to have o move. She has decided to seek legal advise. I am concerned that I can be held responsible for her loss of housing. Does she have any legal recouse?

Also, I left the utilities in my name. When I checked the balances yesterday, she was late paying last month's bill and has not paid the current amount due for Feb? Can I turn them off. If yes, should I give her written notice?

[Fr_Chuck]

1. No you can not turn off the utilities, they can sue you for damages if you do that.

2. you can not break their lease ( ask them to move) without paying them damages, or they have a right to seek damages for being illegally evicted.

3. Now with that said, if you are just now 60 days late at this point, it could take months for the foreclosure to happen. But if you are filing bankruptcy, the bankruptcy court will be taking over the house at that point.

Is there a reason beyond the second mortgage for filing bankrutpcy ? If not, you may be able to keep the property for several more months before any actual foreclsoure happens, and then you can file bankruptcy

[ScottGem]

If she doesn't want to move why not offer to sell her the property. Maybe the mortgage holder will allow her to assume the mortgage. Maybe she can pay the arrears and that's it.

You can't break the lease, but if you ket it go to foreclosure she will have no recourse.