Belt Auction

the home I rent is going in foreclosure. The sale date is in Aug, do I still pay rent?

The person I am renting from is letting 15 units go into foreclosure. He did not give the courtesy to let us know they are going in to foreclosure. He is still asking for rent even though the property is going up for auction in aug. I need to find a place to stay, and I doubt that he will give us our deposit back. Should I continue to pay rent? It seems as if they are just trying to take our money and does not care if we are homeless or not. Some homes are being auctioned off on the 28th of July, and they are still demanding payment. Why are the tenants not protected against people like this, however the landlord has the right to do this to tenants?? The landlord denied everything, but we are being served with foreclosure papers and the trustee to sale. Does anyone have answers?

Public Comments

1. That's a tough question. I don't know what the legal ramifications are but here's what I would do. I would keep the month's rent available but I'd move. You are still obligated to pay your rent-nobody lives for free. Go to landlord/tenant court and explain your situation. Since you have a valid concern regarding your security deposit, under this circumstance I feel he has given you cause to break the lease. That situation is horrible for you. It is my worst nightmare right now since I live in a city (san diego) that has many foreclosures and I am a renter.
2. I wouldnt give them a dime and then I would live there until the bank evicts you because you will have more rent free time but also you will get a notice to vacate from them. The landlord cannot collect your rent since he broke your lease. Whats he going to do evict you from property he doesnt own? Then sue him for your deposit back in small claims court because of breech of contract.
3. You are still required to pay rent for the simple fact at any point he can become current on his payments and the place may not be auctioned off.
4. Depends on your state laws and tenant rights. In most cases, if you have a lease that lease will still be enforceable with the new owner. The new owner will probably prefer to have you in there when it gets taken over as well, but it just depends. If you violate your lease by not paying rent than you may not be able to stay there. You may be able to retain the rents in a neutral third party account and from those funds negotiate damages later (such as retained security deposits) but check with a real estate attorney. If you don't want to move, at least have a place ready to move into if you get served an eviction notice or at least a storage unit in mind for your stuff while you move in with friends/family or a hotel. Call the trustee and/or lender (not the landlord - trustor) and see what you can work out with them. Good luck.
5. I am in the same situation but in reverse..I have a condo and told the tenant and now he wont pay his rent...ask yourself this..did your landlord give you notice? no. so..it takes about 2-3 months to legally evict someone..I have to say put your money away..and keep lookin for a new place..then when the time comes you can gradually move..if he gave you the courtesy of a notice like I gave my tenant my answer would be different. good luck
6. I would stop paying. He's going to take your money and run, leaving you homeless. Tell your worthless landlord that you are saving your money to pay for your relocation due to his lack of financial planning and personal responsibility.
7. I agree, there should be laws to protect you, but there are not. You owe rent for July. He can legally sue you, even after you leave for it and he will win. Since you obviously will not be living there in Aug, you will not owe rent.