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I mean, there must be something wrong with landlords and their banks, if the Sheriff of the Chicago area is not going to serve eviction notices on renters. Often renters continue to pay rent to a landlord even though that landlord no longer owns the dwelling.
The Sheriff is not carrying out his duties and is breaking the law. He must serve and execute writs and other lawful court orders. At least in Florida. Who knows what goes on in Chicago.
My sister-in-law is a tenant, and the property is in forclosure, divorce situation, her landlord has tried to turn off the electric, stopped paying the garbage bill, and tried to shut off the water to the house. My sister-in-law because she has kids has had everything turned back on......the landlord was suppose to return the security and deposit....but bought new furniture with it instead. Sister-in-law refuses to pay rent so she can recoup her deposit and security of $3,000. Her lease runs out in Jan. 2009 and will then move elsewhere. The landlord won't return phone calls or letters. The property records were "protected" because one of the owners is a cop out of NJ.
Once again, you are right on with your posts. Your insights are always most informative and accurate.
Flalady,
There is the actual law, and there is emotion surrounding the law. Taking the emotion away, the tenant has signed a binding contract. The landlord and tenant are bound by the terms of the lease. The tenant is responsible to pay the rent, as the landlord is responsible for a habitable rental. Anything on the periphery of the lease has a negligible effect upon this written contract.
of course, the landlord / property owner has already broken his contract by not paying the mortgage which is why it is going into foreclosure in the first place. the tenant has not received a habitable rental and common sense would suggest that the tenant puts the money into an account to prepare for the move that they will have to make once the foreclosure is in effect.
Tenants always know about foreclosures, because they are sered with summonses. At that point they can protect their legal rights, if they want to.
What is going on between the bank and the owner is really none of the tenants business.
Lilybeans, since you and I live in the same neighborhood let me give an example going on right now.
Where we live cable and internet are included, along with alarm monitering if they have a regular phone in the house. That's included as a part of the rent a tenant pays. It's also a part of their lease. When the owner stops paying the mortgage you know he hasn't been paying the HOA either. That means the cable and internet are shut off to the tenant thereby taking away what IS a part of their lease.
THIS from an actual call I got yesterday.....
I am paying my own Direct TV and got Vondage for a phone because my owner said she had a disagreement with the HOA and she said I had to pay for it myself. Well.. duh...I though in my mind but didn't say it. I did say....you are living in a house in foreclosure. HUH? How do you know, she said. Because if they cut off your cable and internet it's because the owner didn't pay their HOA dues. Did anyone come to the door yet? Yes...and the papers said something about foreclosure. (well double DUH). I asked my owner and she said it meant nothing she was working with the bank on refinancing. (uh...it said foreclosure...and it was over 6 months old). I think she may believe me now.
So now what. We have a tenant with a lease that is not receiving what the lease states she should and is paying EXTRA herself to get it and the owner lying about EVERYTHING. What happens when, since she lives in The Lakes, they take her barcode for getting in the gate? Then what?
ANOTHER CALL JUST LAST NIGHT. The tenant is paying her rent on time every time directly to the owners account. (she found out he was already in foreclosure 2 months after moving in- the owner LIED.) She knows she has to pay and is never late. The owner, on the other hand harrassess the living hell out of her with phone calls that start at 8am in the morning every hour till he sees that his money is in his bank account. He actually drove over an hour and a half to leave a note on her door that her money was due. He also sent her a letter to remind her her rent was due. He calls her office constantly to remind her the rent is due tomorrow. Again, she has never been late!
AND....the storm ...well never mind him coming to fix anything- he won't and hasn't. Refuses. Leaks, and other problems in the house that she ended up paying for herself because she can't live that way in the house with HER CHILDREN.
Here are just 2 examples of what I hear all the time, every day. The tenants are left LOSING their last months rent and security money too.
Money they NEED to find another place to live!
and by the way.....I do leases and added an addendum about 4 months ago that the owners have to sign saying they are paid up to date with their mortgage, taxes, insurance, HOA fees, etc. etc.
A friend of mine is using one also. She has had several owners who have refused to sign it ---bye bye!!
I haven't had that problem, .....yet.
No, it won't keep them from going in to foreclosure, but at least I'm trying to protect my tenants up front. It's also a signed document that shows FRAUD if they do sign it and ARE in foreclosure.
At least I'm trying ...many aren't. I even find homes listed in the MLS that are already in foreclosure but still listed for rent and not disclosing it.
One Realtor listed an apartment for a very low price recently and I called (as I do any new property listed in my area) asking about it. It's a short sale!!!!!!!! I told him he is required to disclose that -(new MLS rules) A week later he still had not changed it. I emailed him and said....if you don't disclose it I will report you to the Board. He changed it.
That is only one example. There are many many more out there that are not disclosed as being in foreclosure, but are. I can't moniter the world but I will knock 'em down one at a time.
of course, the landlord / property owner has already broken his contract by not paying the mortgage which is why it is going into foreclosure in the first place. the tenant has not received a habitable rental and common sense would suggest that the tenant puts the money into an account to prepare for the move that they will have to make once the foreclosure is in effect.
Please show me any lease that specifies the landlord's responsibility in terms of paying his/her mortgage, or that the tenant is not obligated to pay rent if the landlord is not current with mortgage payments. (There is no such thing) Once again, the lease that was signed was between the landlord and the tenant, not the tenant and the bank. The contract is enforceable regardless of the peripheral circumstances. The tenant can and should be sued if they violate this contract, and will lose in virtually any court.
If necessary repairs are not being done and attempts to have the problems rectified go unheeded by the landlord within a reasonable time period, the tenant should have these attempts documented (certified letters, cellphone records, etc.). Then and only then, the tenant would have the right to escrow the rental payments. That is an issue better addressed through an attorney.
Lilybeans, since you and I live in the same neighborhood let me give an example going on right now.
Where we live cable and internet are included, along with alarm monitering if they have a regular phone in the house. That's included as a part of the rent a tenant pays. It's also a part of their lease. When the owner stops paying the mortgage you know he hasn't been paying the HOA either. That means the cable and internet are shut off to the tenant thereby taking away what IS a part of their lease.
Then they should send the required letters and then if need be, terminate the lease according to the law. Or, move out and take their chances.
Quote:
THIS from an actual call I got yesterday.....
I am paying my own Direct TV and got Vondage for a phone because my owner said she had a disagreement with the HOA and she said I had to pay for it myself. Well.. duh...I though in my mind but didn't say it. I did say....you are living in a house in foreclosure. HUH? How do you know, she said. Because if they cut off your cable and internet it's because the owner didn't pay their HOA dues. Did anyone come to the door yet? Yes...and the papers said something about foreclosure. (well double DUH). I asked my owner and she said it meant nothing she was working with the bank on refinancing. (uh...it said foreclosure...and it was over 6 months old). I think she may believe me now.
So now what. We have a tenant with a lease that is not receiving what the lease states she should and is paying EXTRA herself to get it and the owner lying about EVERYTHING. What happens when, since she lives in The Lakes, they take her barcode for getting in the gate? Then what?
Same answer
Quote:
ANOTHER CALL JUST LAST NIGHT. The tenant is paying her rent on time every time directly to the owners account. (she found out he was already in foreclosure 2 months after moving in- the owner LIED.) She knows she has to pay and is never late. The owner, on the other hand harrassess the living hell out of her with phone calls that start at 8am in the morning every hour till he sees that his money is in his bank account. He actually drove over an hour and a half to leave a note on her door that her money was due. He also sent her a letter to remind her her rent was due. He calls her office constantly to remind her the rent is due tomorrow. Again, she has never been late!
AND....the storm ...well never mind him coming to fix anything- he won't and hasn't. Refuses. Leaks, and other problems in the house that she ended up paying for herself because she can't live that way in the house with HER CHILDREN.
Same answer.
Quote:
Here are just 2 examples of what I hear all the time, every day. The tenants are left LOSING their last months rent and security money too.
Money they NEED to find another place to live!
It's not right.........
If there is a foreclosure, tenants need to answer the complaint to protect their rights.
Please show me any lease that specifies the landlord's responsibility in terms of paying his/her mortgage, or that the tenant is not obligated to pay rent if the landlord is not current with mortgage payments. (There is no such thing) Once again, the lease that was signed was between the landlord and the tenant, not the tenant and the bank. The contract is enforceable regardless of the peripheral circumstances. The tenant can and should be sued if they violate this contract, and will lose in virtually any court.
If necessary repairs are not being done and attempts to have the problems rectified go unheeded by the landlord within a reasonable time period, the tenant should have these attempts documented (certified letters, cellphone records, etc.). Then and only then, the tenant would have the right to escrow the rental payments. That is an issue better addressed through an attorney.
how is a house in foreclosure a habitable property? the shelter itself is not even guaranteed.
how is a house in foreclosure a habitable property? the shelter itself is not guaranteed.
how is a house in foreclosure a habitatable property?
Please show me any lease that specifies the landlord's responsibility in terms of paying his/her mortgage, or that the tenant is not obligated to pay rent if the landlord is not current with mortgage payments. (There is no such thing) Once again, the lease that was signed was between the landlord and the tenant, not the tenant and the bank. The contract is enforceable regardless of the peripheral circumstances. The tenant can and should be sued if they violate this contract, and will lose in virtually any court.
If necessary repairs are not being done and attempts to have the problems rectified go unheeded by the landlord within a reasonable time period, the tenant should have these attempts documented (certified letters, cellphone records, etc.). Then and only then, the tenant would have the right to escrow the rental payments. That is an issue better addressed through an attorney.
I AM HOPING AN ATTORNEY from our area WILL ANSWER THESE QUESTIONS- that was the reason for my post in the first place.
It seems like the tenant has no rights at all in a foreclosure even though they will never see their last months rent or security money.
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Tenant
