[jtalbot]

I signed a 2 yr lease with option to buy. I was only here 6 months before I received the notice taped to my house. The landlord obviously wasn't paying the mortgage with my rent nor did he contact me about this. He threatens me that he'll evict me, however the lease is now voided, so he can not do so. Is this correct?
I'm not trying to get free rent from no one, I'm a very honest person and he knows this. However he promised me his word that nothing would happen for the next two years, till when I could possibly buy it. I have 2 kids who were just switched to the schools of my neighborhood. I pay him $1000 a month and was never late. And he give the same respect in return and tell me what was going on.
So now he thinks he can take me to court and evict me for non payment of rent. In which the house isn't even his right now. I told him that I put it in an escrow account, in which I did, and that when he redeems it (like he says he will) I will pay it to him then. But he doesn't want to agree to that, yet expects me to believe his word, or threatens to evict me and put a judgement against me for breaking my 2 year lease.
I'm not the one who is in the wrong here and if he was having problems, then he should've came to me and not just kept taking my money.
I either have to live here and save up for the next 6 months or move as soon as I can find another house in the same sub for rent, so my children don't have to switch schools again.
My question is... being he still wants to evict me after I told him I'm saving the money and will hand it to him as soon as he can promise to fulfill the rest of my 2 yr lease. Which he wants me to take his word he'll redeem the house by then, but won't take my word.
Can he file a judgement against me for the term of my lease if I move??
It's either wait and see if he redeems it, which I doubt, or find a house in the neighborhood as soon as one opens up, and move and break my lease...
If the lease is now voided, does it unvoid when and if he redeems the house??

Thank you in advance for anyone who has went or is going through a similar situation who can answer those few questions.

[Fr_Chuck]

Yes, in fact unless the house has actually been foreclosed, he still owns it till the day the foreclosuse takes it ( either by sale or transfer depending on state) People are evicted every day because they think they don't have to pay. Sometimes the housing court will give them 30 days or 60 days, so if he gives you a pay or quit notice, the judge will enforce it, in every state I am familire with, This issue was even covered this week on the national talk radio show "Clark Howard".

Also the lease is still valid until the day he no longer owns it. So if you move, he can file for damages according to the terms of the lease.

The lease is not void until the actual foreclosure happens, not pre notice, not house inspection, not threatening letters, but the actual sale and transfer of the property.

So if the property has already transferred ownership to the bank, then he does not own it, and the lease is void, if the deed has not transferred yet, the lease is still valid.

[Kizziemari20]

You can in fact, sue him for any damages you accure if you get served with foreclosure papers. Here is a statement I received from an attorney:

"After signing a lease, the landlord is legally bound to deliver the rental for the entire lease term. In legalese, this duty is known as the “covenant of quiet enjoyment.” A landlord who defaults on a mortgage, which sets in motion the loss of the lease, violates this covenant, and the tenant can sue for the damages it causes.
The tenant can sue for moving and apartment-searching costs, application fees, and the difference, if any, between the new rent for a comparable rental and the rent under the old lease."

[ScottGem]

First, it would help to know the general area you are in. California does have some laws that deal with this issue. It gives you the right to sue the landlord.

But generally, until the foreclosure is finalized, Chuck is correct and you do have to pay the rental. Putting it into a escrow may help, but, unless you live in CA, you have no right to withhold rent. If the foreclouse is final, then and only then is the lease voided.

Once its voided, you have to get out as soon as the new owner tells you to.

[Kizziemari20]

Keep your money, save it and move out. I'm from FL, and the people that are having the homes foreclosed on, know this, rent it out, pocket the money and leave the tenants clueless and homeless.


He can evict you, but the likelihood that he does, doubtful. Put yourself in his shoes, would you?

There should be a law, it's theft by deception.

[ScottGem]

there should be a law, it's theft by deception.

There actually is a law, but in California only as far as I know.

The problem here is that you are advocating that this person renege on his contractual obligations. He has not idea whether the owner will be able to forestall the foreclosure. But by withholding rent that may be needed to bring the mortgage up to date the tenant may be forcing the foreclosure.

It's a bad situation all around