Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
In what way? You may be able to counter sue if he does. That just sucks.
The agreement between the renter and owner is valid whether the owner is making payments or not. As long as the renter gets to live in the house for the entire time of the lease.
Im sure if you call one of the morgage companies where you live, they can explain this keys program you are referring to. But I don't understand what the problem is. Move out. Unless you want to be homeless one day because they change the locks on you. And in a case of foreclosure, they dont put your stuff on the curb like they do in an eviction, so all your belongings will be locked up inside.
You were not gauranteed the ability to continue renting after 9/15 anyway, your lease is up 9/15/10 If you are forced to move out early, than he is the one who broke the lease. Go to him and explain, since he is the one breaking the lease, you are not paying the last months rent. If he says ok, have him put it in writing. Better yet, secretly record the conversation in case he says ok but then wont put it in writing. If he says no, you take him to court over it. I don't know of any judge that would allow him to collect rent for the last month if you were forced to move out through no fault of your own.
Your security deposit has nothing to do with your moving out. A security deposit is for damage. Did you damage the house? If not you get your money back. But you might not have it for a deposit on a new place. But that is the way it is with every rental - you should never expect your deposit to be returned before you move out. There is a time limit to how long it takes them to give your money back, and they must list all damage and the price to fix it. If they don't give it back in the time limit, or they dont include the exact reasons for not returning it, in most places you get to sue them for 2x the original deposit amount.
So, while you are understandably pissed, go to your landlord and calmy discuss the issue. Make it seem like you feel sorry for him, and maybe he will be happy you understand and be willing to give you your money back ASAP so you can move out. If you go to him with an attitude, he will most likely not be willing to work with you.
Renting is crapshoot for both the LL and the renter.
Be very careful with this. Don't assume you can just stop paying rent and it won't impact your credit rating or the ability of your LL to come after you.
Also, did you get a notice from your LL when you first moved in telling you where your deposit was being held?
Thank you everybody. manderly6 I have a contract I have to go back and read it where the deposit is being held. I guess I will cross that bridge when mid Sept comes around about deposits or not paying the last months rent if he refuses to give my deposit. I will contact mortgage company tomorrow. Thanks
The agreement between the renter and owner is valid whether the owner is making payments or not. As long as the renter gets to live in the house for the entire time of the lease.
The foreclosure is the breach by the landlord(this depends on the exact wording of the notice,but blue tape on the front door does not seem like some kind of payment reminder to me). The tenant's "right to quiet enjoyment" has been violated.
Location: Oklahoma(formerly SoCalif) Originally Mich,
13,387 posts, read 19,421,922 times
Reputation: 4611
Quote:
Originally Posted by Georgia7377
Thank you everybody. manderly6 I have a contract I have to go back and read it where the deposit is being held. I guess I will cross that bridge when mid Sept comes around about deposits or not paying the last months rent if he refuses to give my deposit. I will contact mortgage company tomorrow. Thanks
Also contact "Consumer Affairs" and you should be able to find online.."(your state) Landlord/ Tenants Rights and Responsibilties"
If a Tenant doesn't their rights, he/she doesn't have any.
All those I know that received cash for keys had more than 6 months on their leases... one had 11 months...
Sometimes the tenant will feel bullied into leaving...
A advised a colleague at work to remind the Broker showing the home that she had a valid lease and that she wasn't going anywhere till school was out for the year...
The Broker ended up giving her the entire deposit, paid her $2000 for movers and new hook-up fees for cable and such and found her a place to move in the same school district.
Cash for Keys only comes into play if someone wants you out...
Not paying your rent, while an understandable, is an emotional reaction. You have a business/financial problem here. I would contact your LL, explain that you are hurt & unhappy to have learned of the foreclosure this way and try to work something out. Maybe you can get them to agree in writing to allow you the last month (or an equivalent amount) rent free in exchange for your deposit.
I bet that they have fallen on hard times, and were using your rent on this house to pay their mortgage or rent on their own living space. Not ethical, but these are hard times. I'm also assuming that you'll want to retain a reference to make finding future rentals easier. Another reason why I would make a sincere effort to remain calm and professional, and not simply freak out and stop paying rent.
Hope it works out well for you
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
