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Old 06-26-2012, 04:49 PM
 
2 posts, read 2,805 times
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hello, our situation is that we are in the process of foreclosure and the tenants upstairs decided that they no longer will give rent nor will they leave. My question is, are we still obligated to pay their utility bills if they are not paying rent?
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Old 06-26-2012, 04:52 PM
 
10,267 posts, read 23,027,459 times
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evict them for non payment of rent. you being in foreclousure doesn't mean they don't have to pay rent. if there says you'll pay their utility bills, then you continue to pay, no matter what.
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Old 06-26-2012, 04:54 PM
Status: "Frozen Member" (set 1 day ago)
 
Location: Rural Michigan
6,289 posts, read 13,094,562 times
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Quote:
Originally Posted by jcvluvsjnx View Post
hello, our situation is that we are in the process of foreclosure and the tenants upstairs decided that they no longer will give rent nor will they leave. My question is, are we still obligated to pay their utility bills if they are not paying rent?
You can still evict them until the foreclosure process is complete - and you should. As for paying utilities, youre probably on the hook until you do evict them. But you would need to talk to a lawyer in your area to know for sure.
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Old 06-26-2012, 06:13 PM
 
Location: South Jersey
819 posts, read 3,052,685 times
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so you have tenants who have faithfully paid their rent, but yet you never made your mortgage payment? Yea that's fair to them. I will never understand that.
But yes, legally, they do still have to pay the rent.
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Old 06-26-2012, 06:32 PM
 
26,957 posts, read 43,120,961 times
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Who is paying for the utilities? If they are that is up to them and they will leave if they are cut off...if you have to pay and they don't pay you than you are obligated to pay unless you stop paying the utility company will shut it off...

Most owners don't care about their credit anymore since they are already behind and their credit is bad and it is up to you how you want to deal with people breathing in your neck for money.

I guess we are in an era that people feel entitled not to pay because the other one is not paying....but who are you to judge them since you stopped paying...I can understand their feelings even though they are not allowed to do what they are doing, but go ahead and evict them and tell the judge that you are not paying....

I know a person who didn't pay his mortgage for 2 years and had tenants paying him and when we did the short sale we saw the bank statements and no where was the rental income mentioned...but I assume the IRS is not stupid since the paperwork is so easy to look through and find out that he wasn't living there and with no income to justify his spending it will be nice to hear how he will explain how he could spent money that was not showing up on his tax return but it was on his bank statements...
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Old 06-26-2012, 08:43 PM
 
Location: California
4,402 posts, read 12,723,535 times
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Originally Posted by AdotAllen View Post
so you have tenants who have faithfully paid their rent, but yet you never made your mortgage payment? Yea that's fair to them. I will never understand that.
But yes, legally, they do still have to pay the rent.
First of all, this was an unnecessarily nasty comment. You have NO idea what happened and why OP is in foreclosure. We all know foreclosure is related to not paying the mortgage, but that is ALL that we know about why. I mean, not like OP is the only person in the country facing foreclosure...you may have heard something about that.

Now, to the OP's question. Evict them. Or at least tell them that you are going to start eviction proceedings. I am guessing they are thinking if you are losing the property you no longer have legal recourse if they don't pay. Guessing it is not going to take much more than that to get them to pay. Unless they want an eviction on their credit.
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Old 06-26-2012, 10:08 PM
 
2,688 posts, read 6,927,656 times
Reputation: 4173
Exclamation regardless...

Quote:
Originally Posted by thebunny View Post
First of all, this was an unnecessarily nasty comment. You have NO idea what happened and why OP is in foreclosure. We all know foreclosure is related to not paying the mortgage, but that is ALL that we know about why. I mean, not like OP is the only person in the country facing foreclosure...you may have heard something about that.

Now, to the OP's question. Evict them. Or at least tell them that you are going to start eviction proceedings. I am guessing they are thinking if you are losing the property you no longer have legal recourse if they don't pay. Guessing it is not going to take much more than that to get them to pay. Unless they want an eviction on their credit.
I will never understand, either,why the LL may skip out on their 'rental payment' and throw everyones lives into turmoil...but not the tenants.
I hope the tenant looks into this situation and does all they can to stay out the foreclosure process and
hopefully qualify for 'cash for keys' program.
Koale
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Old 06-26-2012, 10:42 PM
 
4,919 posts, read 21,463,583 times
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Quote:
Originally Posted by Koale View Post
I will never understand, either,why the LL may skip out on their 'rental payment' and throw everyones lives into turmoil...but not the tenants.
I hope the tenant looks into this situation and does all they can to stay out the foreclosure process and
hopefully qualify for 'cash for keys' program.
Koale
if the loan/property qualifes (most do) and the tenant has a valid lease, they will be protected by federal law and possible additioanl state laws as far as the lease is concern. But you read the fine line of the law and it does say that the tenant must be current and not in arrears when the forclosure occurs. If the landlord starts the eviction process and the place is forclosed, the tenant will lose that protection and can be kicked out. The tenant occupied the place, they owe rent on the place.
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Old 06-27-2012, 04:57 AM
 
10,267 posts, read 23,027,459 times
Reputation: 14867
Quote:
Originally Posted by thebunny View Post
First of all, this was an unnecessarily nasty comment. You have NO idea what happened and why OP is in foreclosure. We all know foreclosure is related to not paying the mortgage, but that is ALL that we know about why. I mean, not like OP is the only person in the country facing foreclosure...you may have heard something about that.

Now, to the OP's question. Evict them. Or at least tell them that you are going to start eviction proceedings. I am guessing they are thinking if you are losing the property you no longer have legal recourse if they don't pay. Guessing it is not going to take much more than that to get them to pay. Unless they want an eviction on their credit.
As someone who knows many ppl who lost their rentals due to this...it's pretty crappy of a landlord NOT to pay their mortage when they are being paid faithfully by their tenants. *********rself over, but why screw over your tenant as well?
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Old 06-27-2012, 04:59 AM
 
26,957 posts, read 43,120,961 times
Reputation: 15255
Quote:
Originally Posted by thebunny View Post
First of all, this was an unnecessarily nasty comment. You have NO idea what happened and why OP is in foreclosure. We all know foreclosure is related to not paying the mortgage, but that is ALL that we know about why. I mean, not like OP is the only person in the country facing foreclosure...you may have heard something about that.

Now, to the OP's question. Evict them. Or at least tell them that you are going to start eviction proceedings. I am guessing they are thinking if you are losing the property you no longer have legal recourse if they don't pay. Guessing it is not going to take much more than that to get them to pay. Unless they want an eviction on their credit.
Legally you are right...but guess what....

You think the judge will be friendly to the owner who has money for a lawsuit but is not paying other things and the judge may start to question when the owner stopped paying the mortgage and if the owner stopped before the tenant moved in the judge will be telling the owner that is illegal to rent out a place that was already in foreclosure....

But you are right the tenant should pay rent but this is not an easy eviction....what if the tenants come up with letters that they got served with while the owner didn't disclose anything and if the tenants are not able to use amenities due to a non paying owner ....?
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