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patricia13 · Feb 6, 2009, 11:19 PM

Do I still have to pay rent even though my landlord stopped making mortgage payments and the bank wants to sell the house

pacific nw · Feb 7, 2009, 12:31 AM

Yep!

If someone jumps off a bridge, do you follow? Don't do what someone else is doing if what they are doing is wrong. It makes no sense and makes you as bad as they are.

Yes, you do what you agreed to do; that is, pay rent.

If the house goes to foreclosure, you pay rent to the new buyer (or bank, whomever winds up with the house) and continue until they give you 30 days notice. Unless, you want to be evicted.

LisaB4657 · Feb 7, 2009, 06:38 AM

The normal answer is yes, but... there is supposedly a new law in California (which I haven't seen yet) that allows you to withhold rent or pay it into an escrow account if the landlord is not using the rent to pay the mortgage and a foreclosure is imminent. So if you live in California you may want to look into this further.

Fr_Chuck · Feb 7, 2009, 06:44 AM

Except in California ( which allows you not to, and even sue for back rent from the time of default) you have a legal obigation and they can even evict you if you don't. ( don't want that on your record) and the Lease is still valid if you have one.

I know it is not fair or right in some ways, but the landlord can still save the property till the last day.

ScottGem · Feb 7, 2009, 07:02 AM

I did see the CA law, but I haven't been able to find it since. Its buried in a thread here somewhere.

My question is what is the status of your lease? If the lease has a future expiration date, then you are stuck until the foreclosure is final. If you are on a month to month, then start looking for a new place.

However, once the foreclosure is final, you should be given reasonable time to find a new place.

Have you thought of buying the home? If the landlord is going to lose the house anyway, you may be able to work out a deal.