renter needing legal advice! (foreclosure, HOA fees, condo)

[hfloridat]

I rent a condo in Pinellas and my landlord is in foreclosure and has not paid HOA fees since before I moved in. he is in the process of selling and people are frequently in and out looking at the condo. recently, home inspectors came to the condo which leads me to believe that the condo is under contract. I heard somewhere that it is illegal for landlords to collect money from tenants if the money is not going towards the mortgage or HOA fees, I also heard that the HOA could come after me for the money that the landlord has not been paying. is this true, and how do I exercise my right as a renter to withhold money from the landlord without getting evicted?

[PhotoProIP]

I think you're stuck with whatever was in your lease. Did u rent from a management company? Or directly from the owner? If from a management company apparently you have to suck it up, and its up to "Karma" what happens to the unscrupulous owner who is extorting you. This happened to us 4 times already, and is why we only rent 6 months or less at any one time.

The HOA cannot come after u. However they can make the new buyer pay the fees that are owed, or put a lien and delay the buying/selling process all together.

[hfloridat]

Originally Posted by PhotoProIP

I think you're stuck with whatever was in your lease. Did u rent from a management company? Or directly from the owner? If from a management company apparently you have to suck it up, and its up to "Karma" what happens to the unscrupulous owner who is extorting you. This happened to us 4 times already, and is why we only rent 6 months or less at any one time.

The HOA cannot come after u. However they can make the new buyer pay the fees that are owed, or put a lien and delay the buying/selling process all together.

I never signed a lease. the private owners were desperate to get people in the door last July and now I know why. I have no contract and no lease, nothing but the threat of immediate eviction if I don't pay.

[DUNNDFRNT]

Originally Posted by hfloridat

I rent a condo in Pinellas and my landlord is in foreclosure and has not paid HOA fees since before I moved in. he is in the process of selling and people are frequently in and out looking at the condo. recently, home inspectors came to the condo which leads me to believe that the condo is under contract. I heard somewhere that it is illegal for landlords to collect money from tenants if the money is not going towards the mortgage or HOA fees, I also heard that the HOA could come after me for the money that the landlord has not been paying. is this true, and how do I exercise my right as a renter to withhold money from the landlord without getting evicted?

The HOA can not come after you. Are you worried about your deposit? I'll be honest with you, it sounds like you are looking for a way to not pay rent.

[hfloridat]

Originally Posted by DUNNDFRNT

The HOA can not come after you. Are you worried about your deposit? I'll be honest with you, it sounds like you are looking for a way to not pay rent.

Yeah I realize I sound like a cheap renter, but I really would just like the facts. I've already paid for this month, I've just had two different sources tell me that if the landlord is in foreclosure and has not been paying mortgage or HOA that he is just pocketing my money and that is technically "illegal". he has been pretty bad as far as landlords go, none of my rent money has gone to repairs or remodeling, the whole place is dirty-looking and outdated and I'm always paying out of pocket for pest control but I never complained since I figured he was doing me a favor by not making me sign a contract. I know better now.

[PhotoProIP]

Originally Posted by DUNNDFRNT

The HOA can not come after you. Are you worried about your deposit? I'll be honest with you, it sounds like you are looking for a way to not pay rent.

It is NOT ethical to charge a renter money if you stopped paying your mortgage.
It should be flat out illegal actually. That landlord is NOT "entitled" to your money! (especially without a contract)

I would get a lawyer right now.

[DUNNDFRNT]

Originally Posted by PhotoProIP

It is NOT ethical to charge a renter money if you stopped paying your mortgage.
It should be flat out illegal actually. That landlord is NOT "entitled" to your money! (especially without a contract)

I would get a lawyer right now.

You buy a house, you get a mortgage, the house is yours it belongs to you. You sign a note agreeing to foreclosure if you don't meet the terms of the mortgage. Until the bank forecloses and takes ownership of that house, it 100% belongs to you.
The consequences of that foreclosure go to the homeowner, whatever the state of that mortgage is that is between the owner and the bank. The same way the bank can foreclose on the house if you stop paying the mortgage, the homeowner can evict you if you stop paying rent. Whether or not you personally believe the owner deserves the money its only relevant to your personal choices ie move out.
Even if you feel deceived, morally speaking you could rationalize withholding payment up to your deposit, and maybe moving expenses, but to say you can't just live there rent free because the owner is not paying his mortgage is a huge stretch.

[hfloridat]

Originally Posted by PhotoProIP

It is NOT ethical to charge a renter money if you stopped paying your mortgage.
It should be flat out illegal actually. That landlord is NOT "entitled" to your money! (especially without a contract)

I would get a lawyer right now.

yeah, people have told me that it IS illegal, I was hoping someone could give me an actual statute to work with though.

I know they have been behind on their HOA fees since before I moved in and I'm sure they knew they were nearing foreclosure, they completely took advantage of me.

and I'm not trying to sound like a pity party here, I am working hard on buying a house at the moment so I can get out of here asap and not deal with it anymore, it's just taking a long time to find the right home and I was hoping to clear this up in the meantime.

[PhotoProIP]

Originally Posted by DUNNDFRNT

You buy a house, you get a mortgage, the house is yours it belongs to you. You sign a note agreeing to foreclosure if you don't meet the terms of the mortgage. Until the bank forecloses and takes ownership of that house, it 100% belongs to you.
The consequences of that foreclosure go to the homeowner, whatever the state of that mortgage is that is between the owner and the bank. The same way the bank can foreclose on the house if you stop paying the mortgage, the homeowner can evict you if you stop paying rent. Whether or not you personally believe the owner deserves the money its only relevant to your personal choices ie move out.

I believe in "Ethics".

.......and you're right, I would move right out, as we already did 4 times because I refuse to pay someone MY hard earned money, and them not pay their responsibilities. It is not my fault they foreclosed.

[MAniacTHW]

I'm NOT real familiar with the laws, HOWEVER: I have heard (I am not a lawyer, nor should you take law advice from me) that you can go to the courts and set up a special account for your rent. The money put into the account is considered rent, but the landlord doesn't get his hands on it until he fixes the issue.