Profile picture for dewaynesamuels

renters asked to be let out of lease early , then A/C went out and home foreclosed on

renters don't have funds to move and now using the A/C problem as a legal scapegoat, we are attempting repair and offered moblie temp unit until fix, i am sure they will uphold rent pymnt; i am losing house so don"t want to spend any more $ than have to, auction cuts renters 1 month short but they wanted out early any way .. suggestions 
  • May 02 2011 - Phoenix
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Answers (5)

The lender might be entitles to rent payments if borrower in default. Loan documents the borrower signed may have an assignment of rents clause.
  • May 13 2011
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@Pasadenan, the rental agreement between the landlord and the tenant is a separate agreement than the one between the owner and his lender.  Neither agreements are contingent upon the other, so if the owner stops paying his mortgage, it's at his own discretion, but that fact doesn't release his tenant from fulfilling the rental agreement.

I agree that it's best to pay your bills on time and honor your agreements, but there are many circumstances that may cause this situation.

If the landlord has simply decided to take advantage of the situation, then I'd say he's in the moral wrong, but we don't know.

If I were stuck unable to pay my mortgage, I would make provision for my tenants as well, passing the savings on to them but only as incentive for them to begin finding new housing so I could short sell the home vacant.  It would be a reasonable trade-off.
  • May 12 2011
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Profile picture for wetdawgs
As a landlord, you have a legal obligation to keep the A/C in working order in places like Phoenix.  If you provide a mobile unit or repair it, they have no legal basis to withhold rent.  (Chances are good that the rent is more than the repair)   Here's a link to the AZ landlord/tenant information.  
  • May 03 2011
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Profile picture for blue screen exile
Why would anyone think it is OK to be behind in their payments and steal from a bank or other financial institution, but still expect a tenant to be on time on their payments?

Suggestions?  Pay your bills on time, and honor your contract agreements.
  • May 03 2011
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Tenant can not withhold rent or terminate lease unless they first request repairs in writing. This is all covered in the Landlord and Tenant Act. The Tenant Rights Handbook summarizes this pretty good. If the tenants do not pay the rent, send the the 5 day notice of non-payment.

You might be able to use the rent money to make repairs. However, I assume you are in default and the lender may be entitled to all rents. Consult with an attorney before using rent money to make repairs.
  • May 03 2011
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