[jbov]

I have been renting a strip high rise apartment since February 2010. In September 2010 my electronic access key (to the pool, gym, side entrance, building access from the parking garage, etc) was turned off by the HOA. I could still go through the main entrance to get to my apartment, but the situation is a significant inconvenience (particularly not being able to enter the building from the parking garage).

My landlord is a Colombian investor who has never seen the property in person. The HOA would not give me any info on why my key was cut off, so I emailed my landlord. He said he was disputing fees with the HOA and I could have a 50% discount on rent and he would straighten out the situation with the HOA, and regain my full building access asap.

I paid the 50% rent in October, but soon learned (through an "impending foreclosure" notice taped to my door), that my landlord had not paid the mortgage or HOA since the very month I moved in (February 2010).

I emailed him asking to put the 50% discount in writing in a lease addendum, but he never responded back to me, so I did not send him any rent money in November, December, January, or February. Spare me the morality speeches please.

I have not heard back from him at all. My 12 month lease expired in mid February. On February 3, I got a notice on the door saying that the condo would be sold by the bank in "not less than 60 days". So early April at the soonest.

My question is what will happen in early April? Can I ask for cash for keys from the bank? How does the foreclosure process work for a renter?

[delgadobb]

At this point, it seems like you're more a squatter than a renter ... plenty of hubris to ask for 'cash for keys' when you haven't paid rent in 4 months.

Granted, the actions of this apparent Colombian landlord are less than pristine. That said, it doesn't change your obligations if you have a written lease, which is a contract. Honor the contract. You're enjoying the benefits of living in a high-rise, albeit in limited fashion.

Does your lease have any stipulations about going month-to-month or does it just expire?

While I wouldn't have avoided paying rent altogether, were I in your situation I'd have been at least putting rent money into escrow in a separate bank account to show 'good faith'. Whether it would matter or not, I'm not sure, but I'd sure want to avoid the appearance of impropriety as much as possible. If this was a big enough issue you should've taken legal action to cover yourself 4+ months ago rather than coasting on a free ride. (i.e. certified letters to landlord and/or HOA, perhaps starting legal process)

If your intent is to freeload as long as possible & possibly ask for 'cash for keys', enjoy it while you can. You'll find no sympathy here from any fallout.

If, however, you're trying to be as fair as possible, good luck with sorting out this situation. Others with knowledge of local laws will have better advice than me. Were you my tenant back in Chicago, I'd pursue every remedy available to me & make sure it stays on your record - then again, I wouldn't be defaulting on a mortgage in the first place.

[JBtwinz]

You need to just move out, when it is a whole building owned by one entity in most instances the bank becomes the unwilling landlord and will collect the rent until options can be weighed out. You made out like a bandit for your inconvience and I debt any one will be coming after you for past rent. Be thankful your not in florida where a law was passed so that HOA's can go after the tenants for the fees.

[jbov]

Originally Posted by delgadobb

At this point, it seems like you're more a squatter than a renter ... plenty of hubris to ask for 'cash for keys' when you haven't paid rent in 4 months.

Granted, the actions of this apparent Colombian landlord are less than pristine. That said, it doesn't change your obligations if you have a written lease, which is a contract. Honor the contract. You're enjoying the benefits of living in a high-rise, albeit in limited fashion.

Does your lease have any stipulations about going month-to-month or does it just expire?

While I wouldn't have avoided paying rent altogether, were I in your situation I'd have been at least putting rent money into escrow in a separate bank account to show 'good faith'. Whether it would matter or not, I'm not sure, but I'd sure want to avoid the appearance of impropriety as much as possible. If this was a big enough issue you should've taken legal action to cover yourself 4+ months ago rather than coasting on a free ride. (i.e. certified letters to landlord and/or HOA, perhaps starting legal process)

If your intent is to freeload as long as possible & possibly ask for 'cash for keys', enjoy it while you can. You'll find no sympathy here from any fallout.

If, however, you're trying to be as fair as possible, good luck with sorting out this situation. Others with knowledge of local laws will have better advice than me. Were you my tenant back in Chicago, I'd pursue every remedy available to me & make sure it stays on your record - then again, I wouldn't be defaulting on a mortgage in the first place.

I don't consider myself a squatter, but rather a rental opportunist.

Again I don't want this to turn into a debate about morality. If I had a landlord like you, I would be a happy and satisfied paying renter (though you sound like kind of a hot head).

Yes, I am taking advantage of the situation, but why should I feel guilty? I moved from LA to Vegas for a job planning to be here between 1-2 years. I fully intended to stay at that apartment for the duration and would never have rented it in the first place if I knew the landlord's intentions.

Now I have to move and sign another 1 year lease, when I don't even know if I want to stay in my job and in this town for that long. So my problems and inconveniences are not limited to the lack of building access.

Why should I feel bad about asking for cash for keys? I am looking at this as a business situation/decision. I am being forced to move against my best interests. The downside is already established. What is the matter with trying to maximize my upside?

[jbov]

Originally Posted by JBtwinz

You need to just move out, when it is a whole building owned by one entity in most instances the bank becomes the unwilling landlord and will collect the rent until options can be weighed out. You made out like a bandit for your inconvience and I debt any one will be coming after you for past rent. Be thankful your not in florida where a law was passed so that HOA's can go after the tenants for the fees.

So you are saying that perhaps the bank will allow me to pay rent and stay in the apartment?

That actually would be an ideal situation (as long as the HOA reinstated my access).

[olecapt]

This situation is both legally and morally complex.

Once a tenant loses such things as access to the garage and amenities one can argue that the landlord is in violation of the lease. When the landlord agrees to half the rent in compensation and refuses to put it in writing all bets are off.

I would think the LL at this point has abandoned the property and that the tenant has no duty to pay for anything.

I would also suppose that the LL has the right to evict the tenant...but only by embarking on the required procedure...which would likely end up with the tenant counter claiming the lose of property rights agreed to.

Practically the tenant should ride it out. Consider paying the original rent to the bank if asked and the bank gets the services back on.

I would think the tenant has a good shot at key money.

[jbov]

Originally Posted by olecapt

This situation is both legally and morally complex.

Practically the tenant should ride it out. Consider paying the original rent to the bank if asked and the bank gets the services back on.

I would think the tenant has a good shot at key money.

Thanks for the vote of confidence Olecapt!

I agree that the issue is morally complex, but I feel okay with my course of action because of the way I was forced into the situation by my unscrupulous landlord.

Would I be able to approach the bank right now and see if they have an interest in letting me stay and pay rent to them? Or would I have to wait until they actually take the property over in early April?

[olecapt]

Originally Posted by jbov

Thanks for the vote of confidence Olecapt!

I agree that the issue is morally complex, but I feel okay with my course of action because of the way I was forced into the situation by my unscrupulous landlord.

Would I be able to approach the bank right now and see if they have an interest in letting me stay and pay rent to them? Or would I have to wait until they actually take the property over in early April?

No...you can't reach anyone who knows anything until they foreclose. Different organizations and different people.

[jbov]

Originally Posted by olecapt

No...you can't reach anyone who knows anything until they foreclose. Different organizations and different people.

Ok, so what is going to happen in early April when the bank takes over?

How will I be officially informed that the bank has taken over the property?

How long will I be given to vacate the premises or work something out with them?

[airics]

one word.... karma