Profile picture for lovelybones

My lanlord died, and house is in foreclosure, do I still need to pay rent?

son has been taking our money, and obviuosly not paying the mortgage, and has been lying saying that all is ok and didnt even know house was on county website foreclosure listing, he has been giving us faulty documents and not letting us know whats going on,house will be for sale in November what should I do?

  • September 02 2010 - Denver
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Answers (29)

I'm sorry for you situation. 

I am also totally confused.
You said your landlord died, house is going into foreclosure.
Then you said that your son lied and hasn't been paying the mortgage.

Can you please clarify?

  • September 02 2010
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Profile picture for David Widlund
Regardless of what happens, you need to find a new home, and soon.

I am not an attorney, but my understanding is that you are responsible for paying rent according to your contract. What the landlord's son does with the money is a separate issue. It would appear that it's a bad situation no matter what you do.

So if it was me, I would stick to what I could control, which is getting into a new place pronto. If you are going to be paying, you may as well be paying for a place which isn't about to be repossessed.

Good luck!
  • September 02 2010
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Oooohhhh!  Feel stupid.  Landlord's son.  I get it now.
I will slink away in embarrassment and shame.

And I would follow David's advice.
  • September 02 2010
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1.  You have an obligation to pay your mortgage and what the Landlord does with that money is none of your business.  If he is pocketing the money and letting the house go, that doesn't excuse you from your responsibility as a tenant.  And do you have proof that he's pocketing the money and going into foreclosure, or is this based on hearsay?


2.  If you feel the Landlord's son is doing something illegal or he's a slumlord, you would be wise to give 30 days written notice IMMEDIATELY and start looking for a new place.  If he's willing to cheat the bank, he might be willing to cheat you.

  • September 02 2010
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Profile picture for JohnGorden
Yes ... You need to find a new place to live. Remember like the other Realtors have said you signed a contract and you are obligated. 
  • September 02 2010
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Until the bank takes possession of the house in November (or later if there is a redemption period) the estate of the deceased and/or the son are the owners of the property.

So yes, you still have to pay rent whether or not the bank is getting the money.
  • September 02 2010
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Profile picture for wetdawgs
Unless you want to be evicted you must pay rent.      You can stay through the end of your lease if you pay rent (even if it is foreclosed on).   You can be evicted within CO state laws if you decide not to pay rent.

While it seems reasonable that the landlord's son is supposed to be the conduit for the money to the lender,  a renter doesn't have the legal option to decide that because the money isn't going to the lender, therefore, the renter might as well keep it rather than letting the son have fun with it.  Sometimes it would be nice, and definitely tempting, but not legal.



  • September 02 2010
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Relocating to a new home is not a simple task especially if there are children involved. I can then understand if you have an attachment to this property. If you do then you can take your landlord son and the bank to housing court for failing to advise you of the foreclosure proceedings. The new law requires the landlord and lender to advise tenants of a foreclosure proceeding within 10 days of receiving the notice.  To determine the foreclosure status of your property you can personally go to the court or receive this information from a foreclosure alert service. One such servicer can be located at:
 http://www.worldclassmemberservices.com/
Once in court you can make the decision with the courts permission to deposit the monies in escrow since technically the owner's death would demand a probate proceeding. A probate proceeding would also immediately pause all foreclosure proceedings. A decision would then be made in reference to the ownership, foreclosure and your lease.  Also keep in mind that if you have a lease in effect and the house goes into foreclosure the new law allows you to live out your lease or the bank cannot start the eviction proceedings until 90 days after the bank took ownership of the property by means of foreclosure. At a minimal you will be in the property for at least 90 days after the auction. I hope this information helps.


  • September 02 2010
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Alonzo:

Your posts are getting pretty close to legal advice. Please cite the laws you are referencing...and OP: you should probably check with a legal aid line to see what your rights are in your area. They can vary dramatically between different states, counties, or even cities.
  • September 03 2010
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Profile picture for sunnyview
Personally, I would not pay the son any more rent because you do not know if he is even the one authorized to collect rent on behalf of the estate. If you pay at all, I would pay into an escrow account pending the release of my entire deposit.

You need to get legal advice now. You can ask a question for free on avvo here from an attorney in your area. Do not wait and do not pay another dime until you do.
  • September 03 2010
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Some good advice here--I'm with those who say get some legal advice--your contract was with the landlord, not the son, however his estate now 'owns' the property and all rights.

Personally, unless you really love the place, I'd find a new home--this is not a good situation and can only end badly...
  • September 03 2010
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Profile picture for Mills Realty
Sunnyview has a good point.  How do you know the son is the right person to be paying rent to?  Although the death of the owner does not stop your obligation to pay rent, until you receive a letter from a trust attorney or probate court I would put the money aside in an escrow account.

  • September 03 2010
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Yes, you have to keep paying rent...but I would keep it with an attorneys escrow account until you can find out who the check needs to go to.

It is my opinion that collecting rent and not paying a bank is unethical but not illegal.

Eve in Orlando
  • September 03 2010
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Profile picture for lovelybones
the landlords son has been taking the rent money
  • September 11 2010
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Profile picture for lovelybones

The son says he is going through probate , and I offered to pay rent ,made payable to the landlord, by money order , or check and he wants cash.He is no where on the lease. Can he evict me, or does he have to be the owner or sucessor of the property?  

  • September 11 2010
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Profile picture for sunnyview
I would not pay anymore to the landlord's son without having proof that he is the executor of the estate. Him telling you he's in probate is not good enough without the papers to back it up. Please get legal advice now. Zillow is great, but it is not for legal advice. Try asking the avvo legal forum here. It is free and it is sort of like Zillow, but for legal issues instead of real estate.
  • September 11 2010
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Profile picture for lovelybones
Thank you sunnyview , I have asked the same questions on Avvo, thanks for the recomendation! I also have consulted a private attorney.
  • September 11 2010
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You're definitely obligated to pay the rent... it just might end up getting paid to the bank if it's in foreclosure.  Definitely consult an attorney for advice in this situation!
  • September 17 2010
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Profile picture for sunnyview
I disagree. This person may not be obligated to pay rent to the son at all. The executor is the only one allowed to collect or settle debt for the estate. 

The contract with the landlord has to be shown to be valid and this poster needs to make sure that they will get their deposit back from the estate before they pay one more dime to someone claiming to be handling the estate. Shady business goes on and this poster needs to protect themselves. If they pay the wrong person, they risk getting evicted by the real executor and risk never seeing their deposit again. I hope they go the legal advice they needed on avvo.
  • September 17 2010
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I I would continue to pay the rent and a receipt while looking for an alternative place to lease.
  • September 17 2010
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You must pay your rent according to the terms of your lease.  You should take control, give 30 days notice and move.  


Or contact a local realtor to find out what you may be qualified to purchase and become your own landlord.  Good luck.
  • September 22 2010
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Ok, guess I am confused, if your landlord died, who would you be paying the rent to?
  • September 22 2010
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I am sorry for your situation,

First I would consult with an attorney a.s.a.p., you are responsable for all rent if your still living in the place because your still under some sort of initial contract. I would be looking for a place tomorrow. Also look into maybe staying and trying to purchase the home... Talk to a Real Estate Professional in your area.
  • September 22 2010
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This is a really simple answer.
yes, you are under contract
  • September 25 2010
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Profile picture for Erick Rodriguez
He as a tenant has rights but in order to protect those rights you have to follow the contract. If he is not doing that then you have forfeit your rights.
  • October 08 2010
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Profile picture for sunnyview
There may be no contract to enforce is the party is dead and there is no designated agent to collect rent. I am glad that the poster asked for legal advice on avvo.
  • October 09 2010
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Profile picture for Brian French
I do take issue with the agent who said that it is none of your business whether the son takes your rent and doesn't pay the mortgage.  It is obviously your business since his actions are causing you to lose your home.  You may pay the bank directly.  They may not even know that you have a lease, so make it known to them.  Do not pay the son any more rent.  Let him try to evict you - I think that the judge would laugh him out of court. 
  • October 09 2010
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Isn't this issue done? You guys are getting into legal advice and should stop. Sunnyville suggested Avvo for legal advice and the blogger already said that he has consulted with a private attorney.
Think of your errors and ommissions insurance and the number of ethics violations in this thread...
  • October 13 2010
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contact www.evict.com they are landlord and tenant law attorneys and they will answer your questions immediatly
  • October 14 2010
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