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And one more thing. If you knew your landlord stopped paying his mortgage before you started renting from him, then you are an idiot for renting in the first place, and it's YOUR fault that you are in this spot.
Its been a long time since I rented but most leases boil down to this.
"Lessor agrees to provide place for lesee to live. Lessee agrees to give lessor money every month."
What he does with the money is his business. If he wants to go to Vegas and blow it on hookers, that is his right. If he is not paying the mortgage that is between him and the bank. If you didn't pay one of your bills, would you want your boss to withhold your paycheck? You are supposed to pay the bills with that money.
If you are planning to move out on September 15th, ask how you go about getting your deposit back.
Get off your freaking high horse, you don't pay me a damn thing. And you are not in that spot because of me. You're in a bad spot because YOU made a bad choice and rented from an idiot who doesn't pay his bills
And if you are receiving your landlords mail then IT IS your responsibility to make sure he gets it.
Still doesn't change the fact that you are trying to find a way to cheat your landlord out of the money you owe him.
And how do you know that your landlord isn't in the middle of a loan modification. He would still be paying the note and would still receive notices until the modification is completed. They do that in case he gets turned down for the modification so that they can expedite the foreclosure.
So my advice to you is to pay your damn rent and quit worrying about something that's none of your business. And also turn over the mail that you are withholding because it can come back and bite you on the ass.
busta
Geez buddy get a clue. It is certainly his business when the cops show up at his door telling him to get the hell out 3 weeks before his lease is up!!
Some of the things I read on this forum are just unbelievable.
Dont want to bore you with all the details so I will get to the point. Landlord stopped paying his mortgage before we rented this house from him.
There should be a sale date any day now. My instinct tells me we probably not get our security deposit back. So we decided not to pay last months rent and be out of here by the time our lease ends.
Can they come after us for not paying last months? He has profited $15,950 and what's another $1450. I have all the receipts and I have a file full of delinquency notices from his mortgage company and the lawyers.
I think the judge would favor us in the matter if it went that far.
Feedback is appreciated. Thanks
I'm not sure if Georgia places any special penalties for doing what you are doing. And most landlords hate it of course. And you really have no standing to do what you are doing(in my opinion, I am not a lawyer and am not giving legal advice) but in reality if your apartment has no damage there is nothing for him to sue you for, unless he tries to evict you first. Has the bank officially taken possession of the home?
jdm2008. People are just so quick to jump down my throat. I did not come on this forum to fight or argue. Sept 2009 we signed a one year lease. November 2009 we start getting hand delivered notices from various people saying the home is in default because the ll has stopped paying his mortgage August 2009. I asked him is this house going to go through any loan mod, short sales, or is it in foreclosure?? He said no, you have nothing to worry about.
So the ll rented this house to us without disclosing he stopped paying August 2009. 3 months into it, I confronted him. He said, you can break your lease but I will not give you back your $1500 deposit. We said, ah screw it we will just stay (because we are trying to buy a house).
My original question in the beginning was our lease ends Sept 15. Because he stopped making payments, instead of paying this last months rent, don't and not get back our deposit.
We keep the house very clean, and plan on cleaning it when we leave. So, can he come after us for not paying last months rent, and in return just keep our deposit? That's all. Then people started going crazy and making me look like the jerk.
I know the landlord can do whatever he wants with his money. But when they stop paying their mortgage, my risk is heightened that I come home to a house that has locks on it andI can't get my stuff. Or I have XX amount of days to vacate the property. It's just real f@ck3d up the horror stories you hear each day. Thanks
This seems to be deteriorating very fast.
As for the issue. Do not withhold the rent. You would be found wrong by a court. Even if the house is being foreclosed. That is the LL's issue, not yours. Go talk to the LL and find out what is happeneing. Ask what your choices are and ask for the deposit. I suspect the deposit has been spent and you will not get it. Make an agreement with the LL to use the deposit for the last month's rent. If agreed, get the LL to put it in writing. That way, you at least get some recovery of your money.
I was reading something the other day where if a house is sold with a current lease it is the new owner who is now responsible for returing the deposit to the renter. Maybe that is the best thing that could happen to you.
I also think you were not very smart in giving such a large deposit in cash.
So, can he come after us for not paying last months rent, and in return just keep our deposit? That's all.
We've already answered that, you just seem to not like the answers that you received. If you don't pay the last month's rent, yes, he can come after you for it and probably will get to keep your deposit too, so as we have been telling you - don't do that. Pay your last month as agreed and then deal with the security deposit as a separate issue according to what your lease agreement and state law state. Make sure you document the condition of the unit when you leave so he won't be able to claim damage that wasn't really there, and make sure you give proper notice (again as defined in your lease, or if it doesn't mention it, your state's landlord/tenant laws) and leave your forwarding address. Hopefully you have some documention regarding the cash security deposit - the amount and the manner in which it is to be held should be noted in the lease or an addendum.
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