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Old 01-02-2011, 10:04 AM
 
5 posts, read 7,861 times
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I got the starting foreclosure papers like a few months ago in Sept. My landlord claims they are restructuring the loan. Well now here we are many months later and I get new papers in the mail for Order Granting Default on the condo I am in here in Miami...

My lease is up in July. I need at least 3 months to save and I hear Obama passed some new laws that could help me.

If I stop paying now how quick could he kick me out legally?

What is the best way to get me 3 months free rent without having to pay back pay?
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Old 01-02-2011, 10:19 AM
 
11,642 posts, read 23,803,648 times
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Quote:
Originally Posted by Aloewind View Post
I got the starting foreclosure papers like a few months ago in Sept. My landlord claims they are restructuring the loan. Well now here we are many months later and I get new papers in the mail for Order Granting Default on the condo I am in here in Miami...

My lease is up in July. I need at least 3 months to save and I hear Obama passed some new laws that could help me.

If I stop paying now how quick could he kick me out legally?

What is the best way to get me 3 months free rent without having to pay back pay?
I don't think you can do that. Just because the home is in foreclosure that does not relieve you of the obligation to pay rent. Your lease is up in July, it's January. When your lease ends you will either have to move, or renew the lease with the bank. At that time you may need to move but for now not much has changed for you.
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Old 01-02-2011, 10:46 AM
 
Location: Altoona, PA
932 posts, read 1,172,005 times
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Unfortunately, you have a lease and that does not negate the legal obligation you have to your landlord to pay the rent.

This actually happened to us in the place we were renting at the time (served with papers because of our landlord's non-payment of the mortgage). After much to and fro, I was able to negotiate a rent reduction for 3 months and he allowed us to break the lease and move out early. Fortunately, there was no security deposit involved.

It is a disgrace that landlords can get away with this crap. It's a common problem in South Florida, but Obama's new law at least helps the tenant, somewhat but does not go far enough. Florida in general is not such a great state, when it comes to protecting the little guy (the tenant, the consumer or the employee). In California, this is called "rent skimming" and landlords who default on their mortgages while collecting rent can face criminal charges.
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Old 01-02-2011, 10:50 AM
 
5 posts, read 7,861 times
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@MOMMA_BEAR Thanks for your reply but do you also know if I do not keep paying how long an eviction process could be? I have a feeling my last month and deposit is gone either way. So in my mind (Maybe not legally) If I stop paying now and they decide to evict me I would have 3 months before they can get me out of here and then I could save up this way.

I also don't know if the property would know what I know that it is in foreclosure could they (legally) let him even rent to a new renter if I did move out?

I am just not sure when 100% the bank take-over is and I wish I had this information because I hear since the new Obama Law they legally need to give me 90 days to get out so I could save. (Don't know if I have 90 after my lease is up since they have to honor it or 90 days from date of bank take-over if I want to get out)
My goal is to either stay here in this condo unit or save for 3 month to move into a bigger place in this same condo...
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Old 01-02-2011, 10:53 AM
 
Location: America
6,993 posts, read 17,301,516 times
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Quote:
Originally Posted by Aloewind View Post
I got the starting foreclosure papers like a few months ago in Sept. My landlord claims they are restructuring the loan. Well now here we are many months later and I get new papers in the mail for Order Granting Default on the condo I am in here in Miami...

My lease is up in July. I need at least 3 months to save and I hear Obama passed some new laws that could help me.

If I stop paying now how quick could he kick me out legally?

What is the best way to get me 3 months free rent without having to pay back pay?
as Glasvegas eluded to, there are laws in place thanks to Obama. From MY understand how it works is as follows. If the landlord gets foreclosed on the bank can not just kick you out. They have to honor the remainder of the lease. However they have been known to give tenants a few thousand to leave so thats something to keep in mind. I would consult a lawyer though or at the least google the new law. As for not paying, I wouldn't go that route.
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Old 01-02-2011, 10:58 AM
 
Location: Altoona, PA
932 posts, read 1,172,005 times
Reputation: 914
This site was a useful source of reference when this happened to me, including the new laws signed into place by President Obama:

Renters in Foreclosure: What Are Their Rights? - Free Legal Information - Nolo (http://www.nolo.com/legal-encyclopedia/article-30064.html - broken link)

Try to work with your landlord, as bad as that may sound, because you're pobably ready to strangle him/her. If you can't reach some sort of agreement, you can always seek out legal advice.

Again, I cannot stress enough how the law needs to be changed further to stop these crooked landlords from getting away with it, while the tenant is left forced to move.
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Old 01-02-2011, 04:58 PM
 
11,642 posts, read 23,803,648 times
Reputation: 12270
Quote:
Originally Posted by Aloewind View Post
@MOMMA_BEAR Thanks for your reply but do you also know if I do not keep paying how long an eviction process could be? I have a feeling my last month and deposit is gone either way. So in my mind (Maybe not legally) If I stop paying now and they decide to evict me I would have 3 months before they can get me out of here and then I could save up this way.

I also don't know if the property would know what I know that it is in foreclosure could they (legally) let him even rent to a new renter if I did move out?

I am just not sure when 100% the bank take-over is and I wish I had this information because I hear since the new Obama Law they legally need to give me 90 days to get out so I could save. (Don't know if I have 90 after my lease is up since they have to honor it or 90 days from date of bank take-over if I want to get out)
My goal is to either stay here in this condo unit or save for 3 month to move into a bigger place in this same condo...
Well you have a lease that extends until July so I do not think that anyone can kick you out until then. I would seek an attorney's advice as to whether you can recover your last month/security deposit. You should be able to make an appointment with an attorney in the area for a set fee (hourly rate). I would do that now because I think (again not sure) that the bank will have to honor your lease until July. So you should have some time to recover.

It really does stink that this happened to you.
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Old 01-02-2011, 10:21 PM
 
18,082 posts, read 18,678,059 times
Reputation: 25191
If I stop paying now how quick could he kick me out legally?

Really darn fast. I have seen it less than two months with the landlord going to court and receiving a judgment for the rent owed, plus expenses for breaking the lease.

What is the best way to get me 3 months free rent without having to pay back pay?

What, you want to live somewhere for free? How in the heck do you think you are owed three months of free living?

If your lease was done correctly, your deposits should be in its own account, if not, then take him to court for it (PITA I know).
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Old 01-02-2011, 10:36 PM
 
5 posts, read 7,861 times
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@Boxus Not that I am demanding to live for free I have a good job and can afford the rent. I have just heard others stories on this matter and I guess since I am so pissed that my landlord did not use my money as promised that I could really just use the 3 months for a new 1st and last and deposit on a new place should I have to get out of here. That and that reason only.

I am actually anticipating my rent going up either way because if a new owner gets it and lets me stay I know he or she will raise my rent and if I move I want to upgrade to a bigger place and rent will raise.

So 3 months is for saving only since I know I will not get my deposit back from this deadbeat landlord. I can't trust him anymore...
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Old 01-07-2011, 08:58 AM
 
Location: Miramar, FL
389 posts, read 1,078,192 times
Reputation: 106
Still doesn't justify you living 3 months rent-free. You can't assume you will not get your deposit back. Talk to a lawyer and do things the correct way. If you don't pay up, it can go on your credit and make it very difficult to rent again.
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