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My sister in law has been renting a house from her "friend" for the past year. Sister in law is going through a divorce. She found out from her attorney that the house she has been renting has been in foreclosure for the past year! Pretty much the entire time she has been renting it. The friend has never told her.
So my sister in law wants to stop paying her rent. Can her friend evict her if she stops paying rent? The house is in the foreclosure process and likely going up for auction soon.
I know there is an act that protects renters from being evicted after a house is already foreclosed. But what we want to know is does my sister in law still have to pay rent? She feels so hurt and betrayed by this friend collecting rent from her and not telling her the house was in foreclosure for the past year.
SIL lives in Florida by the way.
Last edited by TheLonelyGoatherd; 07-09-2016 at 12:21 PM..
Of course she has to pay the rent! So long as she has a roof over her head and the place is habitable, rent is owed. If she is foreclosed on and she has a lease, the new owners are generally obligated tot he full term of the lease. If she doesn't have a lease, she can be asked to move out with proper notice.
Yes the owner can collect and the tenant has to pay rent. Even a court would easily enforce that. You can't decide when you want to pay or not depending on your landlords finances, you can't decide that a LL finished paying off the home you live in so you don't have to pay anymore because you just don't want to. If you LL got an inheritance and paid off the home that also does not mean you can stop paying rent.
If you don't want to pay rent, go live in the woods or beg mom and dad to take you in.
okay that's what I thought. She wanted to stop paying out of anger that the owner let her move in while she was going through a divorce and never bothered to tell her the house was going into foreclosure. I mean it's understandable that she's angry. But yeah it makes sense that she has to pay.
btw the owner of the house is not in hard times at all. She bought the house years ago, and is underwater from maxing out home equity loans. She married a man who makes a lot of money and moved into his huge house and just decided to foreclose on her old house. No hard times there. My sister in law had hard times when she finally separated from her abusive husband and has 3 kids. The friend could have at least told her the house was going into foreclosure.
Stuff like this makes me nervous about renting a house ever from a person. Apparently this happens quite a bit with landlords collecting rent and not paying the mortgage.
Yes the owner can collect and the tenant has to pay rent. Even a court would easily enforce that. You can't decide when you want to pay or not depending on your landlords finances, you can't decide that a LL finished paying off the home you live in so you don't have to pay anymore because you just don't want to. If you LL got an inheritance and paid off the home that also does not mean you can stop paying rent.
If you don't want to pay rent, go live in the woods or beg mom and dad to take you in.
I have to ask, do you think that it's okay for a landlord to let someone move into their house knowing fully well that the house is going into foreclosure? Is there any kind of law that prohibits someone from collecting rent and not bothering to tell the renters that the house is going up for auction? Your inheritance example makes no sense. My sister in law wouldn't care that an owner paid off their house for pete's sake. We're talking thinking she was going to rent this house for a few years and get on her feet after her divorce and finding out now a year later that she has to find a new place to live before the house goes back to the bank.
I did some reading this afternoon and apparently there are people who have come home to doors padlocked or notice to vacate in 60 days and they had no idea that the house was in foreclosure.
We're talking thinking she was going to rent this house for a few years and get on her feet after her divorce and finding out now a year later that she has to find a new place to live before the house goes back to the bank.
That was her stupidity. A tenant renting a place should only assume they will be able to occupy the premise only as long as the lease says they can occupy; not a day more. So when does her lease expire?
Quote:
Originally Posted by TheLonelyGoatherd
I did some reading this afternoon and apparently there are people who have come home to doors padlocked or notice to vacate in 60 days and they had no idea that the house was in foreclosure.
If they have a lease, they go down to the court and get an injunction. If they don't have a lease, well they could have been thrown out with 30 days notice regardless.
I have to ask, do you think that it's okay for a landlord to let someone move into their house knowing fully well that the house is going into foreclosure? Is there any kind of law that prohibits someone from collecting rent and not bothering to tell the renters that the house is going up for auction? Your inheritance example makes no sense. My sister in law wouldn't care that an owner paid off their house for pete's sake. We're talking thinking she was going to rent this house for a few years and get on her feet after her divorce and finding out now a year later that she has to find a new place to live before the house goes back to the bank.
I did some reading this afternoon and apparently there are people who have come home to doors padlocked or notice to vacate in 60 days and they had no idea that the house was in foreclosure.
Not everyone can afford to up and move.
Who owns the property? The landlord or the bank? If the bank owns it, then the friend does not have to pay rent to the landlord, if the landlord does, then she does.
It seems that the house is up for auction so I have no idea who owns it.
She has a 2 year lease with her friend. According to the lease she has one year left. She was told by her attorney this week if the house goes to auction the new owner does not have to honor the lease. She will have 30 days to get out. So now she is scrambling. She wanted to use her August rent payment to have as a deposit to get into a new house.
I've been reading stories since yesterday and I can't believe how many people this happens to. They are renting a house and have no idea it's going into foreclosure. Makes me re think renting a house from a private owner after we move next year. Maybe we'll just stick to apartments.
You pay a landlord and assume they are paying their mortgage. When did it become okay to buy a house and just stop paying a mortgage and then have the balls to take money from a tenant, AND never tell the tenant that any day now they will have to leave? Horrible.
It seems that the house is up for auction so I have no idea who owns it.
She has a 2 year lease with her friend. According to the lease she has one year left. She was told by her attorney this week if the house goes to auction the new owner does not have to honor the lease. She will have 30 days to get out. So now she is scrambling. She wanted to use her August rent payment to have as a deposit to get into a new house.
I've been reading stories since yesterday and I can't believe how many people this happens to. They are renting a house and have no idea it's going into foreclosure. Makes me re think renting a house from a private owner after we move next year. Maybe we'll just stick to apartments.
You pay a landlord and assume they are paying their mortgage. When did it become okay to buy a house and just stop paying a mortgage and then have the balls to take money from a tenant, AND never tell the tenant that any day now they will have to leave? Horrible.
If it's "up for auction" the bank doesn't generally own it yet & the bank may never take title to the property, it could be sold to someone else entirely. Personally, I wouldn't be scrambling around trying leave as fast as possible - do it carefully & get a decent place, not just what you can find tomorrow. Many banks & investors are totally cool with buying rented properties & they're generally pretty decent about letting you move in a reasonable amount of time. There have been several high-profile lawsuits where they trashed a tenant's belongings & got their behinds handed to them in court for being foolish. Tenants still have rights, even here in AZ, evictions aren't instant or free to the new property owner, so it's generally better to find an amicable way to get the tenant to move. There is also a subset of investors that would likely honor the lease & just continue collecting rent if the tenant is solid. Don't assume the worst.
If you know the date of the auction, I'd only pay rent to that day myself. If the landlord redeems to property & shows proof, then sure, pay the rest of the month, if it gets sold or taken back by the bank, the former owner could try an eviction, and you could defend by showing the auction notice. After the auction, I'd sue for my deposit in small claims, again showing the auction notice to the judge. Odds are you'll never collect, but it gives you a chance to dish out some of the love.
As for checking out your future landlord, it's a really good idea. In most states you can find out what they paid for the property & have a ballpark idea if they're losing money or making money on rent with a quick web search. Someone who's renting a house for $1500 /mo & paying the bank $2k isn't likely to be doing proper maintenance. Notices of default, tax liens, judgements & even criminal cases are often just a quick google-fu away, if a tenant bothers to check.
Last edited by Zippyman; 07-10-2016 at 05:15 PM..
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