[WAT.]

We haven't paid rent for this month to the landlord but I'm a little unsure of where to proceed to from here

I tried to call the law office and they wouldn't speak to me because I'm not the homeowner. I'm fairly certain that she hasn't been paying the mortgage either but I don't know whats going on with that.

Should we notify anyone that there are renters living in the property?

We are currently M2M so when a sale occurs we should have 90 days to leave right?

In between the time it may take to sell this house, who do we pay rent to?

And during the 90 days notice after it is sold, do we still pay rent?

thank you in advance for any help.

[airics]

yes you have the 90 days, HOWEVER i do not know if this applies since you are not current on the rent.... you need to find out which BANK will own the home and contact them.. they may not even know that there are renters in the property... also if you have a problem down the road (ac stops working etc)... good luck!

[WestieJeff]

I'll prefix this with the fact that I am not an attorney, so do your own official research, this is my understanding of the laws.

You should just pay your rent to the existing owners when it's due. If it's due now, you should pay now and keep the canceled check along with your lease. You can use the lease and the canceled check to prove to whoever the new owner is, the terms of your lease and the fact that you don't owe them any money for a month.

The new owner basically inherits the lease, so if you pay on the 30th of last month, you're paid through the 30th of next month. The new owner can't ask for a new months rent on day 1 of the next month.

You don't need to notify anyone. They will come to you! Depending if the bank buys it back, or an investor buys it, someone should come knock on your door or post a notice that your home has been purchased at auction with the new owners contact info. You just contact them and let them know you're on a M2M lease, you intend to exercise your right to stay 90 days, you pay x dollars, it's due on xyz, and you will pay them and offer to provide the lease, etc.

If they realize you know your stuff and you seem like you're not going to trash the place, they shouldn't push you too hard. Some will lie and say you need to be out immediately, but you know that isn't the case.

The key is you must keep paying your rent. As soon as you don't pay your rent, then they can very quickly start the eviction process.

There is no "time it takes to sell the house". If it goes to auction (many are postponed, if that happens then the old owner still owns the house) then it sold that day either to an investor or back to the bank.

There is no "90 days notice after it is sold". After the trustee sale, the new owner owns it right away. You will want to pay rent to the old owner until someone makes contact with you or posts something at the house stating they purchased the home. In an extreme case, if you know the trustee deed has recorded against the house, and they still haven't contacted you in 15-30 days, then I might do some investigating, but I doubt that will happen.

Realistically, the auction will probably be postponed if you just saw the notice. Most auctions are postponed 3-12 months. Important thing to know is that they can postpone the auction, but they will not post any more notices on the door. You can call the trustee and get an update on if they home was sold, postponed, when the new auction date is, etc. That info is public, so you don't need to be the homeowner to get that info.

You could also seek cash for keys if you want to leave before 90 days.

Originally Posted by WAT.

We haven't paid rent for this month to the landlord but I'm a little unsure of where to proceed to from here

I tried to call the law office and they wouldn't speak to me because I'm not the homeowner. I'm fairly certain that she hasn't been paying the mortgage either but I don't know whats going on with that.

Should we notify anyone that there are renters living in the property?

We are currently M2M so when a sale occurs we should have 90 days to leave right?

In between the time it may take to sell this house, who do we pay rent to?

And during the 90 days notice after it is sold, do we still pay rent?

thank you in advance for any help.

[WestieJeff]

I don't know what would happen if you weren't current on rent. If I was the new owner and you can't provide a lease and/or prove date of last payment to the old landlord, then my position is that you owe me rent immediately.

Calling the bank will be an exercise in futility. Left hand has no idea what right hand is doing.

The bank will check if renters are in the property. They likely already know since the banks pay for 3rd parties services to determine the status of homes in foreclosure. That's how the bank will know to go secure a vacant home that they haven't officially foreclosed on yet. They likely have already determined the house is occupied.

Originally Posted by airics

yes you have the 90 days, HOWEVER i do not know if this applies since you are not current on the rent.... you need to find out which BANK will own the home and contact them.. they may not even know that there are renters in the property... also if you have a problem down the road (ac stops working etc)... good luck!

[WAT.]

I called the homeowner because we lost the account info we deposit the money into, she seemed really upset that I even asked for her for the acct # and never called me back so she must not be interested in collecting rent for this month. Our security+pet deposit equals way more than 1 months rent and she is aware of the fact that the house is in very good condition. From what I have read if someone buys the house after the day rent is collected for that month they only have rights to the next months rent because the previous landlord still owned the property at the time rent was collected. I have the receipt for the rent check and it was printed on the date rent was due. I have every rent receipt and I still have all of the rent for this month. We have no grace period for our rent

to westiejeff
The notice of the sale on the 8th was posted on our door in April. I contacted our landlord and she said she was in dispute with it so I didn't bother to go any further with her. They also listed it for short sale around the same time.

[airics]

A security/pet deposit cannot be used towards rent so that issue is mute. If I were u pay the rent. If I'm the new owner and you can't provide current status, lease etc. You can be out in less than a week with eviction. Nevada is a landlord state!

[WestieJeff]

If the current owner doesn't want the rent, I mean, I wouldn't fight her on it. Worse case, you explain the situation to the new owner and they'll either ask for the rent for the current month, or just starting the next month.

Realistically, they are most likely going to present a cash for keys offer. You can press to stay if you want, but generally the most advantageous route is to accept the cash for keys offer.

If you DM me the address, I'll look it up and see if I can tell you the status of the auction and usually there is a website you can go to and track it all online. Worse case, you can always call the trustee yourself and verify the info.

I wouldn't trust what the landlord says. The landlord may think they are working a deal, but the bank can decide to foreclose anyways. The only things that will definitely stop a foreclosure is 1) payment 2) restraining order from a judge or 3) BK by the owner.

This site will answer almost all your questions: http://www.clarkcountycourts.us/Civi...reclosure.html

Originally Posted by WAT.

to westiejeff
The notice of the sale on the 8th was posted on our door in April. I contacted our landlord and she said she was in dispute with it so I didn't bother to go any further with her. They also listed it for short sale around the same time.

[WestieJeff]

Not true. I'd have to look again at the minimum timeline, but it's more like 18 days if everyone does everything as quickly as they can.

You have a 5 day pay or quit, then a 5 day unlawful retainer, then you have to schedule the constable to execute the eviction. Those are all business days too, so it's a couple weeks if everyone is on the ball.

Originally Posted by airics

You can be out in less than a week with eviction. Nevada is a landlord state!

[olecapt]

Originally Posted by WestieJeff

Not true. I'd have to look again at the minimum timeline, but it's more like 18 days if everyone does everything as quickly as they can.

You have a 5 day pay or quit, then a 5 day unlawful retainer, then you have to schedule the constable to execute the eviction. Those are all business days too, so it's a couple weeks if everyone is on the ball.

Note this is not a bank foreclosure...it is the HOA. Do they ever really do it? If I remember correctly they can foreclose over a first in NV though they have to provide proper notification to the other lien holders. Sounds wonderfully complex.

Skilled tenant can stall at least a month. And they can simply pay the back rent. Generally the judge will not insist on payment of any other charges.

[WAT.]

Originally Posted by airics

A security/pet deposit cannot be used towards rent so that issue is mute. If I were u pay the rent. If I'm the new owner and you can't provide current status, lease etc. You can be out in less than a week with eviction. Nevada is a landlord state!

I can't even pay the rent without her account number. She said she would call be back within a few hours that day. I have my cell call logs if she claims otherwise

Originally Posted by WestieJeff

If the current owner doesn't want the rent, I mean, I wouldn't fight her on it. Worse case, you explain the situation to the new owner and they'll either ask for the rent for the current month, or just starting the next month.

Realistically, they are most likely going to present a cash for keys offer. You can press to stay if you want, but generally the most advantageous route is to accept the cash for keys offer.

If you DM me the address, I'll look it up and see if I can tell you the status of the auction and usually there is a website you can go to and track it all online. Worse case, you can always call the trustee yourself and verify the info.

I wouldn't trust what the landlord says. The landlord may think they are working a deal, but the bank can decide to foreclose anyways. The only things that will definitely stop a foreclosure is 1) payment 2) restraining order from a judge or 3) BK by the owner.

This site will answer almost all your questions: Welcome to the Clark County Courts in Las Vegas

thanks for the link. I'll probably message you depending on what happens on the 8th. It just seems a little different because it's the HOA and not the bank foreclosing (at the moment I suppose)