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    Bob in VT's Avatar
    Bob in VT Posts: 1, Reputation: 1
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    #1

    Feb 22, 2008, 08:03 PM
    Landlord being foreclosed
    I just received a summons from a lawyer representing the bank that my landlord has his mortgage with. Apparently, he hasn't paid anything in quite some time, so they are foreclosing on the property.
    I've confronted my landlord on this and he just gives me the run-around, boo-hoo, he's in bad shape, etc...
    As I see it, I owe him money every month to live here, therefore ensuring a place to live. If he can't afford the place to begin with, he's just screwing me. If he's just pocketing the money, why should I continue to pay him?
    I'm trying to find another place, but am I violating my lease?
    I've talked to state agencies and they tell me that there is no protection for people in my predicament.
    ?. over?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 23, 2008, 08:47 AM
    What he does or does not do with the money may be morally wrong but you have a legal contract to rent from him, and if you don't pay him, he can evict you, and yes as long as he owns it, the lease is valid and you would be violating the lease.

    He could ( won't most likely) but on the last day before the bank takes it, he could pay and keep the house.

    You may work out a deal with him to pay a lower amount stay till it is foreclosed or some agreement. But you are legally bound by the lease until it is compleely foreclosed
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #3

    Feb 23, 2008, 08:54 AM
    Your lease has nothing to do with his mortgage. If you've been paying your rent on time every month then you're in the clear, regardless of what he's been doing with the money. You are in no way liable for his failure to pay the mortgage on the property, thereby resulting in its being foreclosed on. But you do need to find a new place to live. Start looking and continue to pay your landlord the rent due as long as you continue to stay at your current residence, until you find a place. When you do, move immediately, prorating the final month's rent if necessary. Of course, your lease may stipulate a certain term to which you'd normally be bound to it, but under these exceptional circumstances no court in the country would hold you to that.

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