So if a renter is on contract till february and has papers stating that owner has not made any payme

Profile picture for lyndagooding
payments and owners went thru divore and other spouse says dont make no more payments cause he is pocketing money  what do i do as the renter?  they are foreclosing on the home apparently so now what do i do?  Contract is voided right?  Do i move now?
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October 12 2011 - Lodi
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Answers (6)

Profile picture for sunnyview
In many states, you can legally notice the owner and if they are unresponsive you can pay your money into escrow or to a local housing authority to hold pending review of your complaint as a show of good faith. You can check on the law in your state to see what they say.

Personally, I would not leave or do anything to break the contract before my term was up, but I would do everything legally possible to protect my deposit now before the owner loses the house.
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October 12 2011
If you have a contract that stipulates you are to pay rent until February you pay rent until February.
If the property Changes hands you are entitled to continue to pay the rent to the new owner.  You MIGHT be able to not pay the new owner or the old owner and simply move out.  However you need to find out if new owner has any knowledge of or is assuming the lease you had. You should alwys contact an attorney for legal advice.  This advice is general based upon your short statement.
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October 12 2011
Profile picture for sunnyview
Your contract is with the owner not with the mortgage company. I would not send any more money to the landlord without making sure that you have a canceled check or receipt for every single rent payment. You also need to protect your deposit if possible.

Write the owner a letter stating that you want them to put you full deposit in an escrow account along with your lease. Many tenants in this situation never see their deposit back and end up having to sue for it. I would protect yourself and try to deal with that piece of the contract right now. If the bank forecloses, I believe that you still have rights as a tenant. Try to contact the San Joaquin Housing Office here. They should be able to help and advise you.
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October 12 2011
Your contract is still good as long as the owner who you contracted with is still the legal owner of the home, regardless of whether they are making payments on the loan. Until the trustee's sale actually takes place (which could be up to a year or more from the time the owner stops making payments), you are still obligated to pay the owner rent as long as you are living in the home UNLESS the owner that you contracted with gives consent for you not to, or you mutually agree to change your contract in any other way. So depending on whether your contract is with the husband or wife, you will need to mutually agree with that person if you want to change the contract in any way, and get it in writing. If both are on the lease, they need to both agree, or the lease remains unchanged.
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October 12 2011
Profile picture for wetdawgs
Don't get stuck in the middle of a squabbling divorce!   Pay the rent as per the contract or you have no rights at all and can be evicted with very little notice.     The contract is not voided until all parties agree, in writing.
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October 12 2011
Profile picture for Derek_Zasaretti
There may be a way out. The landlord is basically not performing. Did you make your agreement with the spouse? Did she sign the lease or did the husband? You still have rights to ( quiet enjoyment ) and you are caught in a tangled web. Write a letter stating your concerns and explain that you are seeking a break in the lease and will consult an attorney if need be. This is one step you can try on your own, before consulting an attorney
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October 12 2011
 

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