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)
 
Old 01-12-2012, 12:01 PM
 
1 posts, read 1,731 times
Reputation: 11

Advertisements

I'm a 67 yr old retiree with a family of 5 living in a residence that I have rented for the past 8 years. The owner of the property and I discussed the long term availability of this property before we moved in and he stated that he was not interested in selling the property at any time and was secure.
The property is being handled through a management company and during this 8 years I have a perfect record and never missing a rent payment or being late.
A few day ago the owner approached with a realtor in hand and informed me that he has to sell the property because he is upside down and needs to stop the bleeding. He also said he was going to do a SHORT SALE and we had at least 3 months to 6 months to move. I then ask him if he was still making his mortgage payments on the property and he assured me that he was so that it would not effect his credit anymore than necessary.
Upon further investigation I found out that for the most part he lied to me because the first step would be a modification and then if that is denied the next step would be foreclosure assuming that the payments are at least 120 days in arrears. At this time a SHORT SALE could be initiated and if an offer is presents it's up to the lending institution to accept or not depending on the price.
Bottom line is we don't want to move. It proposes a great hardship on us because of our age, resources and the fact we have an 85 yr old mother in law with us.
I don't want to ruin my credit by not paying my rent, however I feel that he is only bleeding me dry and the outcome is still going to be the same, we are out on the street. What are my rights in this matter? There has been no written request by the management company or the owner to move as of this date only the verbal from the owner. How long do I really have to find a new place and move. With everything at stake I don't think even 6 months is enough time for us to get everything moved,
Please help !
Reply With Quote Quick reply to this message

 
Old 01-12-2012, 12:46 PM
 
Location: Southern California
3,113 posts, read 8,380,507 times
Reputation: 3721
Quote:
Originally Posted by Bobby Jay View Post
I'm a 67 yr old retiree with a family of 5 living in a residence that I have rented for the past 8 years. The owner of the property and I discussed the long term availability of this property before we moved in and he stated that he was not interested in selling the property at any time and was secure.
Eight years is a long time. Sounds like you got exactly what you asked for, if you were able to stay for eight years.

Quote:
Originally Posted by Bobby Jay View Post
I then ask him if he was still making his mortgage payments on the property and he assured me that he was so that it would not effect his credit anymore than necessary.
Upon further investigation I found out that for the most part he lied to me because the first step would be a modification and then if that is denied the next step would be foreclosure assuming that the payments are at least 120 days in arrears.
He may not have lied to you. You did some research on the way "most" short sales work, but not all. Not all short sales are the same.

And besides, if this is all new to him, he may not know exactly how it's going to go at this point. He may not have all the facts yet - and so he may not be able to tell you exactly how it's going to work - but that doesn't mean he's lying.

Besides, what possible reason would he have to lie to you? It's not like it's going to affect you one way or the other. You will still owe the rent, even if he isn't making the mortgage payments.

Quote:
Originally Posted by Bobby Jay View Post
Bottom line is we don't want to move. It proposes a great hardship on us because of our age, resources and the fact we have an 85 yr old mother in law with us.
Realistically, the only way you can get out of moving, is if you can qualify to buy the property. So if that's a possibility, you might want to consider looking into it.

Otherwise, it doesn't really matter whether you want to move or not. You don't have a choice. It's his property, and he needs to sell it.

Quote:
Originally Posted by Bobby Jay View Post
I don't want to ruin my credit by not paying my rent, however I feel that he is only bleeding me dry and the outcome is still going to be the same, we are out on the street.
He's not bleeding you dry. He's collecting rent. And it's the same rent you've been paying for eight years. How is that bleeding you dry?

Just because he might decide to not pay his mortgage, does not give you the automatic right to not pay rent. The two things are NOT connected.

Quote:
Originally Posted by Bobby Jay View Post
What are my rights in this matter?
You have the right to a certain amount of notice. It seems he's given you an unofficial verbal notice at this point. The written notice will come later, as he gets further in the process.

Quote:
Originally Posted by Bobby Jay View Post
There has been no written request by the management company or the owner to move as of this date only the verbal from the owner. How long do I really have to find a new place and move. With everything at stake I don't think even 6 months is enough time for us to get everything moved,
Please help !
When the written notice comes, that will mean you have to move fast. He gave you verbal notices - which is good - because it gives you time to consider your options about where you want to go next. Just know that when the written notice comes, you will have to move fast.

As for how long it will all take? That varies greatly based on the company or bank. We bought a short sale about 18 months ago, and it was a very quick process - the previous owner was out from under the house in less than four months. But I've heard of other cases where it took over a year.
Reply With Quote Quick reply to this message
 
Old 01-12-2012, 02:56 PM
 
Location: Santa Monica, CA
1,626 posts, read 4,015,084 times
Reputation: 742
I would not stop paying the rent unless you are prepared to be evicted and sued. As much of a hassle/expense moving is, the owner's intention to sell the house is not a legitimate reason to withhold rent. Renting is a contract and tradeoff you make, you can pick up and move when you want (according to the lease terms) and the owner can sell the house whenever they please. I would suck it up and start looking for a new place now since you've been given plenty of notice.
Reply With Quote Quick reply to this message
 
Old 01-13-2012, 03:14 PM
 
Location: Austin, TX
16,787 posts, read 49,073,910 times
Reputation: 9478
Unless you have a written lease, in most states he can require you to vacate with a 30 day written notice. Landlord/Tenant Book Index - California Department of Consumer Affairs

In some cased a 60 day notice is required. http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml#notices (broken link)

Last edited by CptnRn; 01-13-2012 at 04:38 PM..
Reply With Quote Quick reply to this message
 
Old 01-13-2012, 03:54 PM
 
4,918 posts, read 22,684,013 times
Reputation: 6303
Question #1 - Do You Have a Lease?
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. The time now is 05:28 AM.

© 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