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bionka4u2001 · Mar 1, 2011, 06:18 PM

I've been renting a home for the past two months from a realty company (property manager) and received a letter in the mail from the owner of the home stating that that canceled their agreement with the reailty company over a year prior to my lease with them and that they have received no money from the realty company for rent so they can no longer afford the home and its in forecloser but when I called the realtor they said this is untrue what do I do? I don't know if there is still a contract between the owner and realtor and if I'm still supposed to pay rent or wait for a legal eviction?

joypulv · Mar 1, 2011, 06:34 PM

Start demanding to see original papers showing dates of agreements from the management co. and proof that money is being paid to the owner. Ask the owner what bank is foreclosing, or if it's the town foreclosing for back taxes, you can ask that at town hall tax collector (it's public information).

Basically you have to do some work here on your own. It shouldn't take more than an hour or two to find out which one is lying - whichever one fails to provide concrete proof.

I would generally give odds that the mngmt co is telling the truth, because they have a lot to lose if they are collecting rents and not forwarding them on a nonexistent agreement.
But these days, there is desperate stuff going on.

bionka4u2001 · Mar 1, 2011, 06:39 PM

Problem is if the owners lying that means my lease with the rector stats I'm to have NO contact with the owner of the home! Also both parties live miles away! Im so confused!

bionka4u2001 · Mar 1, 2011, 06:42 PM

Realtor* sorry I'm on my cell and its spelling words for me! Thank you so much for the advice! But still so confused!

AK lawyer · Mar 1, 2011, 06:58 PM

Originally Posted by bionka4u2001

... my lease with the [realtor] stats im to have NO contact with the owner of the home! ...

That language would have been designed to protect the owner from having to deal with the tenant concerning such day-to-day issues as required maintenance, etc.. The owner can waive that if they want and have done so by sending you the letter.

Originally Posted by joypulv

... I would generally give odds that the mngmt co is telling the truth, because they have a lot to lose if they are collecting rents and not forwarding them on a nonexistent agreement.
But these days, there is desperate stuff going on.

I would bet that the management company is not telling the truth.

It's a simple matter to determine if the owner is indeed the owner. If so, deal with the owner. The management company leased the premises to you as an agent of the owner and if the owner cancelled the lease you should deal with the owner. The owner has the right to fire the property management company.

bionka4u2001 · Mar 1, 2011, 07:06 PM

But how am I to know if the owner did or not cause when I explained the letter to the property manager he said that the owner breeched his contract by mailing me the letter stating its in forecloser and I need to move immediately! If I contact the owner and my lease is still in effect then I'm breeching my lease contract? Also in my lease it stats that if forecloser persists the lease is void and the tenant is to evacuate immediately but once again I don't know what's true! Do I continue paying rent?

AK lawyer · Mar 1, 2011, 07:25 PM

Originally Posted by bionka4u2001

But how am I to know if the owner did or not cause when I explained the letter to the property manager he said that the owner breeched his contract by mailing me the letter stating its in forecloser and I need to move immediately! If I contact the owner and my lease is still in effect then im breeching my lease contract? Also in my lease it stats that if forecloser persists the lease is void and the tenant is to evacuate immediately but once agian I don't know what's true! Do I continue paying rent?

I already explained how the no-contact clause works. Your lease was with the MC in behalf of the owner- in effect the same as with the owner.

You cannot be required to move immediately. The owner has to abide by the terms of the lease because the owner allowed the management company to do it with you.

If the owner's interest is foreclosed, the new owner will have to honor your lease for at least 90 days.

Fr_Chuck · Mar 1, 2011, 07:26 PM

First you never have to "move immediately" if they claim you are in breach, they will have to serve you notice to move and you can refuse and have it go to housing court to determine if they have the right to evict or now.

They can not evict you if the actual owner of the home says they can't.

Also a lease is void when they foreclose but not when it is in the process

The management company is already lying to you, so there is something wrong, Also if he has stopped his contract with them, you may well owe him ( owner) the rent, not the management company.
So I would. Contact ( go to) the court house and see who the actual owner of the property is. If it is the person who contacted you as the owner, contact him, and ask him what he wants to do. If he is willing to provide you written statement that he has voided the agreement with the rental company, he may rent to you.

You will owe someone the rent for the months you live there. But I would require the management company to provide proof they have the right to rent the house,

Many things they are saying make them suspect

bionka4u2001 · Mar 1, 2011, 08:15 PM

The owner stats that he does NOT have a contract with the property manager! So therefore did not allow them to have a lease with me the owner said in the letter that when he cancelled his contract with the property manager in feb 2010 that in the contract cancellation he firmly expressed they were not able to do anything further with the house. "I should have never been allowed to rent it" and I don't know what court house I would go to the property manager is located in another city and the owner in another state! I know a mess right? I know I don't have to move I just don't know if I should continue paying rent to this property manager if its not going where it supposed to be going but at the same time I don't know if my lease is really effective and if it is than I would be breaking the terms of it a: for contacting the owner (if I can find out how) and b: by not paying rent!

bionka4u2001 · Mar 1, 2011, 08:21 PM

And can the owner even evict me if its in forecloser?

AK lawyer · Mar 1, 2011, 08:56 PM

Originally Posted by bionka4u2001

The owner stats that ... "I should have never been allowed to rent it" ...

The owner allowed the property manager to appear (to you) to be the owner's agent. The PM had the keys. You have been in the premises for a while. The owner is going to have a tough row to hoe, if he wants to renounce your lease.

Originally Posted by bionka4u2001

... I don't know what court house I would go to the property manager is located in another city and the owner in another state! ...

Deeds are usually recorded at the state courthouse in the county where the property is located. Where the property manager or the owner are makes no difference.

Originally Posted by bionka4u2001

... I know I don't have to move I just don't know if I should continue paying rent to this property manager ...

Once you establish that the "owner" is in fact the owner, pay the rent to him. Do that or face eviction.

Originally Posted by bionka4u2001

... And can the owner even evict me if its in forecloser?
...

If you can be evicted (if, for example, you fail to pay the rent when due) Yes. The owner is the owner until the foreclosure actually happens (by sale or judicial order).

bionka4u2001 · Mar 1, 2011, 09:29 PM

Thank you all for your advice and time I greatly appreciate it! Wish me luck!