Rental home / landlord problems!!!!!!!!!!

[sctur601]

Well we have been told by our landlord that he will no longer be paying the bank on the house we are renting. He is going through a divorce and is no longer able to make up the difference in out rent and his house payment, ($300 a month difference). He asked us to go ahead and pay the rent to the bank. The problem is they will not accept out payment since we are not on the loan or paying the full house payment. ITs been almost a month now and we have no idea whats going on or what to do. The owner now wants us to pay him the rent so he can deposit it in the bank. He is hoping we can buy this house on a short sale, but I wont be able to show much income till the end of the year but I have good credit, my wife has proof of income, but no credit. Our lease is up in february, but what do we do to stay in the house for now? I dont want to pay the landlord, and be kicked out in 3 months when they forclose. what should we do???!!!
Anybody on the east side have a house they want to rent out?
Later
Shawn

[AZXJ]

you need to study up on the renter's rights laws.. I know a few people who have been through this.. he will not loose the house for quite a while and you will be paying him cash and he will just pocket the cash.. you will wind up having to move at the drop of a hat when it finally does go through and he will have a pocket full of cash..

[djui5]

How much can you pay a month? We've been thinking about renting our house out. We'd need $1,200 a month. 4 bed, 2 bath, 2100 sqft HOA, no pool.

[Mobius]

I'd start looking for a place ASAP. Your rental agreement is null and void if he doesn't keep up his end and it gets foreclosed. And if he is not upfront and forthcoming with when the bank tells him it's foreclosing, you could be forced to move out in a matter of days or even hours.

[lancetkenyon]

I'd start looking for a place ASAP. Your rental agreement is null and void if he doesn't keep up his end and it gets foreclosed. And if he is not upfront and forthcoming with when the bank tells him it's foreclosing, you could be forced to move out in a matter of days or even hours.

X2 in my opinion, but I have no legal advice to give. Just a moral one, don't pay this guy, as he is not paying the bank. Find a new house.

[Punkin_Belle]

don't pay this guy, as he is not paying the bank. Find a new house.

x2

[Marv Miller]

As others have said, you need to find a new place to live. Ask if the LL will allow you to break the lease. Give the landlord 30 day notice, clean the place up, and get your deposit back. He may not have it, so that's another issue (think small claims). By law, he must return the balance of your deposit within 14 days of your moving. If you're still there when the bank forecloses in about 3 months, you will be evicted, pronto. If you don't pay your rent to the landlord, he can kick you out in about 3 weeks. Maybe not the wisest thing he could do, but it could happen. You should not expect a free ride by not paying the LL. Do not pay the bank, as your agreement is with the LL. Good luck.

[xplodn]

Yeah the LL will not be paying the bank. Id say pack up, give him 30 days and get out of there. How much security deposit did you give him? You most likely will not get it back, especially if you don't pay him rent. But if you do pay him rent and then he skips out you lose both. Sorry to hear it.

[mingoglia]

As others have said I'd find another place ASAP. Also as others have said, the bank isn't going to foreclose in the near future and kick you out. This process these days is taking ATLEAST 6 months. Unless the guy has a ton of equity in which case they may move faster. What will likely happen is after he's 3 months behind on his morgtage a letter will appear on your door saying the house is being sent to auction a couple months later. That auction date will come and the house will show up in a catalog among thousands and no one will buy it... and the process will just churn along.

Find a place and don't worry about getting kicked out. I'd play nice until you have a place. You may want to time it so you're moving out right before rent is due since it's unlikely you'll get your deposit back.... or keep paying and take the guy to small claims... but after he goes through the divorce I doubt very much he'll have any assets left to pay you.

[sctur601]

Thanks guys, You all are pretty much saying what I figured. The guy is a friend and a cop in phoenix, so I pretty much trust him, he is just putting us in a tough spot. we originally leased the house till feb, with the plans on buying after the first of next year, after my wife had established some credit and I had better proof of income. Those plans have been shot down, since banks arent willing to really help us right now. So I will be looking for a new place! Anyone want to trade a deposite and a few months rent for my YJ!!!! (-:

[Antman]

This is pretty much a tough situation for both parties. I suggest you find another place and move out just before rent is due.
He is obviously in a tough spot too. Divorce, and the bank going to foreclose. It will be hard to remain friends after this.
I have rules about helping friends when things can go so bad. A good way to ruin friendships, huh?

[weasel_ugs]

I would think you need to pay rent for as long as your living there regardless wether hes paying the bank. I do think finding a place would be wise but as others have said foreclosure does take a few months. Don

[Allen]

Give notice...... move out!

Discuss terminating the lease with the LL. If he agrees to let you move out ASAP get it in writing. If not, then give the required amount of notice to break lease in writing. (usually 30 or 60 days)

1. Continue paying your rent to the LL until you move.
2. Leave the place clean.
3.Photograph the cleaned house as you move out! Include the appliances, sinks, water heater, electrical panel, and ceiling fans (if equipped).


A lot of places end up stripped, and you want proof that you left it intact! If you follow the above you should get your deposit back in 14 days, as AZ law provides. I doubt that a LEO would break the renters laws even if he is having hard times!

If any notices are posted on the house.... photograph them. If a notice of sale or foreclosure is posted, then your lease should be null and void as of the posted date.


note.... this is second hand legal advice. Seek the advice of a lease specialist before trying to break a lease!

[ROCRWLR]

I know several people that have not made a payment in over a year and are still in their house. banks were quick to foreclose a couple years ago but now days it is a long process.

[eyehatetofu]

There is the Protecting Tenants at Forclosure Act that deals with this exact thing:

http://www.nlihc.org/doc/701-704-Public-Law-111-22.pdf

As long as you were good about paying your rent on time, when the bank takes back the house they have to honor your lease or give you a 90 day notice; it depends on state law, I'm couldn't find what AZ's is. I'm not sure if that is the way you want to go or not, but it's not like you are going to be kicked out 3 days after foreclosure.

Here is a link that explains the PTFA:

http://www.phil.frb.org/community-de...properties.cfm

Hope that helps.