[jmcole02]

I was recently given a 60 day notice to vacate from the owner that lives in this house.. During these 60 days am I required to still pay rent?? She told my wife and I before we got the 60 day notice that she was trying to short sale her house, well I think she was behind on her mortgage.. She told us originally that not to bother paying rent since she wasn't paying her mortgage anyway... then a few days later I get a 60 day notice to vacate which was from Oct. 3 -Dec.3!

[ScottGem]

Well normally, you are required to pay rent as long as you occupy the premises.

What reason did the notice give to vacate? If the landlord is just terminating the lease, then you will be responsible up to the end of the 60 days unless she releases you earlier.

If she told you to not bother paying rent because she's going to lose the house anyway, I would get that in writing before I stop paying rent.

Have you considered buying the house from her? The mortgage lender might be willing to assign the mortgage to you if you pay the arrears.

[rockinmommy]

Well, what's the status of your lease? Are you month - to - month, or in the middle of a lease term, or what? Normally, a 60 day notice is just a notice that your tenancy is being terminated. It's not any indication that you've done anything wrong - just that the owner is no loger going to continue to rent you the unit. Normally, yes, you would continue to pay rent during that time. Once your lease is up, or if you're month-to-month at any point your tenancy can be terminated with the proper notice.

In this case it sounds like the owner is in financial trouble, so that's undoubtedly the reason. (At least she's giving you notice - there are hundreds, if not thousands of people in your situation that don't know what's going on until the bank notifies them to move out.) Legally, as long as she's the owner your lease is still in force, and yes, you would pay rent. If she told you not to bother, then I wouldn't bother. But I WOULD hold the money back in a separate escrow account. That way if she comes back and changes her mind and demands rent you'll have it. Again, legally, as long as she's the owner and you live there you could be evicted for non-payment - doesn't matter if it's in foreclosure.

I'd just save the money and start looking for another place.

Also, did she just give you this notice to cover Oct. 3 - Dec. 3? She can't back date it, if she just gave it to you. Also, you lease may require that notices cover full rental periods, in which case if she gave you notice on Oct. 3 it would actually have to be for Nov. 1 - Jan. 1. At this point that's probably all splitting hairs, since it sounds like there's a foreclosure under way. Just FYI.