Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 02-09-2011, 03:52 PM
 
896 posts, read 1,470,610 times
Reputation: 2188

Advertisements

Quote:
Originally Posted by EricBoyd View Post
Is it stated in your lease that the landlord must use the rent money to pay the mortgage payment on the property? I'd venture to guess not.
No, but it also isn't stated in the lease that you can only stay there until your deadbeat loser landlord loses the place to foreclosure.
Reply With Quote Quick reply to this message

 
Old 02-09-2011, 04:06 PM
 
Location: NJ
17,574 posts, read 45,968,514 times
Reputation: 16266
Quote:
Originally Posted by HonestOne1 View Post
No, but it also isn't stated in the lease that you can only stay there until your deadbeat loser landlord loses the place to foreclosure.
There are laws in place to prevent people being kicked out of their rentals due to foreclosure.

Renters in Foreclosure: What Are Their Rights? - Free Legal Information - Nolo (http://www.nolo.com/legal-encyclopedia/renters-foreclosure-what-are-their-30064.html;jsessionid=446EC57851D741188A23B3EF9367 8F49 - broken link)

Renters in Foreclosed Properties No Longer Lose Their Leases

Before May 20, 2009, most renters lost their leases upon foreclosure. The rule in most states was that if the mortgage was recorded before the lease was signed, a foreclosure wiped out the lease (this rule is known as "first in time, first in right"). Because most leases last no longer than a year, it was all too common for the mortgage to predate the lease and destroy it upon foreclosure.
These rules changed dramatically on May 20, 2009, when President Obama signed the "Protecting Tenants at Foreclosure Act of 2009." This legislation provided that leases would survive a foreclosure -- meaning the tenant could stay at least until the end of the lease, and that month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any state's non-foreclosure notice period, a real boon to tenants).
Reply With Quote Quick reply to this message
 
Old 02-09-2011, 04:43 PM
 
48,505 posts, read 96,476,720 times
Reputation: 18300
Your poosible cliam is witht eh owner that is being forclsoe on as its a separate contract from hers wth the leanholder. I get out and not wait fif I were you. Een any claim you make on the leaser soucld take years to come to a end and then you only have a judgement that you need to collect. Its likelyless she is rich to cost you upfront if a attorney is employed because fo the amount.Yur in the same boat with those who are owed rent;its often like gettign blood out of a turnip as they say.She files bankrupsy and its gone likely.
Reply With Quote Quick reply to this message
 
Old 02-09-2011, 05:08 PM
 
4,918 posts, read 22,601,096 times
Reputation: 6302
When becoming a LL and taking the most basic courses on being a LL, this is covered. A tenant can not exert a claim of brech of Quiet Enjoyment based on an assumption that a breech will occur. They can only claim a breech when a breech occurs. You can't break a lease based on the terms and conditions of a lease because you think a condition will be violated, you have to have a condition violated.

Tenant: Your honor, I broke the lease because I think the LL will fail to repair the heating system next winter based on them going into forclosure.
Judge: Say What! get the heck out of my courtroom you moron. Judgement for the LL in all rent monies and damages due!
Reply With Quote Quick reply to this message
 
Old 02-09-2011, 08:36 PM
 
13 posts, read 103,028 times
Reputation: 20
I'm no lawyer but I think most people who replied are completely wrong. The purpose of a lease is to give you security that you can live in a place for a certain period of time. Otherwise, everyone would rent month to month. Just because some deadbeat landlord decides to pocket the rent money and not pay their mortgage (which may not be illegal but is certainly despicable) why should I have to move because of that? That is completely ridiculous. If the landlord breaks your lease by losing the property you are renting, I would go after them for any moving expenses, increase in rent, and any other damages that you (or your attorney) feels you are entitled to. Don't let anyone convince you otherwise.

Sounds like most people on here are landlords . With these kind of people living in this country, no wonder there is a mortgage crisis.
Reply With Quote Quick reply to this message
 
Old 02-09-2011, 09:14 PM
 
4,399 posts, read 10,627,219 times
Reputation: 2383
Quote:
Originally Posted by PacificFlights View Post
When becoming a LL and taking the most basic courses on being a LL, this is covered. A tenant can not exert a claim of brech of Quiet Enjoyment based on an assumption that a breech will occur. They can only claim a breech when a breech occurs. You can't break a lease based on the terms and conditions of a lease because you think a condition will be violated, you have to have a condition violated.

Tenant: Your honor, I broke the lease because I think the LL will fail to repair the heating system next winter based on them going into forclosure.
Judge: Say What! get the heck out of my courtroom you moron. Judgement for the LL in all rent monies and damages due!
What is your point? The orignal post(from a couple years ago) was about a poster asking about a rental that was due to foreclosed and auctioned off in a couple of weeks. The lease would be broken when the property was auctioned and seized to be in control of the landlord.. Your hypothetical situation posed is irrelevant. And you watch too much Law and Order.
Reply With Quote Quick reply to this message
 
Old 02-09-2011, 09:28 PM
 
4,918 posts, read 22,601,096 times
Reputation: 6302
Quote:
Originally Posted by zero262quick View Post
I'm no lawyer but I think most people who replied are completely wrong. The purpose of a lease is to give you security that you can live in a place for a certain period of time. Otherwise, everyone would rent month to month. Just because some deadbeat landlord decides to pocket the rent money and not pay their mortgage (which may not be illegal but is certainly despicable) why should I have to move because of that? That is completely ridiculous. If the landlord breaks your lease by losing the property you are renting, I would go after them for any moving expenses, increase in rent, and any other damages that you (or your attorney) feels you are entitled to. Don't let anyone convince you otherwise.

Sounds like most people on here are landlords . With these kind of people living in this country, no wonder there is a mortgage crisis.
There is two issues with the OP and the answers may be addressing only one of the issues.
1. Is it a breech of quiet enjoyment if the property is sold prior to lease termination and the renter is forced to move? The answer is probably based on state laws.
2. If the renter moves in February could they make a claim of breech of queit enjoyment based on the pending sale and possible eviction? The answer is absolutely no. They can't make any claim until it actually happens. There is no breech of the lease if no breech occurs. They would have to wait for an eviction and for all they know, it may never happen.
It is #2 that is causing the problems and the answers the OP was getting. They are saying that the fear of the eviction is enought to make them use that provision to break a lease, but the general way its applied is there is no breech until a breech occurs. So the answers that the OP may not have aleg to stand on (or worst gets hit with lease violations and expenses) based on the OP breaking the lease in February based on an event that may or may not happen in March is correct.
Reply With Quote Quick reply to this message
 
Old 02-09-2011, 09:39 PM
 
13 posts, read 103,028 times
Reputation: 20
Quote:
Originally Posted by jdm2008 View Post
What is your point? The orignal post(from a couple years ago) was about a poster asking about a rental that was due to foreclosed and auctioned off in a couple of weeks. The lease would be broken when the property was auctioned and seized to be in control of the landlord.. Your hypothetical situation posed is irrelevant. And you watch too much Law and Order.
I think the purpose of the post was to state that you cannot prematurely sue someone for something that hasn't occurred yet, no matter how likely you think it is to occur. Once it occurs (i.e. the foreclosure), then you are free to take any legal action necessary to recover damages.
Reply With Quote Quick reply to this message
 
Old 02-09-2011, 09:41 PM
 
13 posts, read 103,028 times
Reputation: 20
Quote:
Originally Posted by PacificFlights View Post
There is two issues with the OP and the answers may be addressing only one of the issues.
1. Is it a breech of quiet enjoyment if the property is sold prior to lease termination and the renter is forced to move? The answer is probably based on state laws.
2. If the renter moves in February could they make a claim of breech of queit enjoyment based on the pending sale and possible eviction? The answer is absolutely no. They can't make any claim until it actually happens. There is no breech of the lease if no breech occurs. They would have to wait for an eviction and for all they know, it may never happen.
It is #2 that is causing the problems and the answers the OP was getting. They are saying that the fear of the eviction is enought to make them use that provision to break a lease, but the general way its applied is there is no breech until a breech occurs. So the answers that the OP may not have aleg to stand on (or worst gets hit with lease violations and expenses) based on the OP breaking the lease in February based on an event that may or may not happen in March is correct.
I may have gotten ahead of myself - of course you would have to wait for the foreclosure to occur before you could take any kind of action.
Reply With Quote Quick reply to this message
 
Old 02-12-2011, 08:59 AM
 
Location: Virginia Beach
25 posts, read 164,913 times
Reputation: 24
Whether your LL "chose" to stop paying the mortgage or if there are other factors outside of your knowledge about his/her situation, you have to honor your lease (pay rent, leave deposit in place, etc.) until a judge tells you otherwise.

You are not paying the rent so that the owner can pay the mortgage. You are paying the rent for the privilege of living in the home.

And the other posters are correct...you COULD sue for damages, etc. and, depending on your local laws & the judge you get, you COULD get a ruling in your favor. However, you can't get blood from a stone but you can pay a lawyer up front. That judgment would likely just sit on the LL's credit report (along with the late payments, foreclosure, etc. so what does he/she really care) and do you no good other than to have spent time, money & effort on the suit.

It sucks, what is happening to you, but you would be better served to find out what your rights & responsibilities actually are & then make your decision based on what will not put YOU in a bad spot...the landlord clearly has his/her own issues, don't make them yours out of spite.
Reply With Quote Quick reply to this message
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.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting
Similar Threads

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top