Foreclosed in 22 days?

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HJason

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I Signed a 6 Month Lease and is due on June 30, 2010. But I got a letter on my door "NOTICE OF TRUSTEE'S SALE" saying that the property is going to be sold at a public action in 22 days. But the current owner and I signed a 6 month lease. I saw this coming like 4 weeks ago because I got another letter on my door "NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST"
.So I payed April's rent but as of today I have not send May's rent. I feel like not paying may's rent because it got me mad when I got " NOTICE OF TRUSTEE'S SALE" letter a couple of days ago. Even knowing that the property will be sold at a public action on the 14 of June I still have left a couple more weeks on my Lease. The Owner contact me on May 10 VIA TEXT saying I was late and the late fee has been added to this Month's rent. a $250 late fee. He contacted me via text and he told me he sent me a certefied letter but that he hasn't received proof that I received it, the reason is because I don't have the Key for the mail box, I lost it.

So I need some advice on the following:

-Should I pay Mays rent or should I let him get it from my $1,500.00 deposit?

- Who is breaking the lease/Contract, me or the Landlord? Me because I haven't payed him yet? Or him Because he will not be the property owner after June 14 and the Lease he gave me is due on June 30?

- Let's say if I decide to stay with out paying any rent from now on can I get kicked out of the house by new property owner on June 15 or I will be able to stay the rest of the Lease I had with old owner?

I am a little confuse so I Just need some advice of what to do and of course do the right thing!


Thanks,
Jason
 
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Don't pay anymore rent. The Landlord isn't paying his mortgage. You will be a bona fide tenant after the foreclosure and they will have to give you 90 days to vacate. Start looking for another place.
 
Don't pay anymore rent. The Landlord isn't paying his mortgage. You will be a bona fide tenant after the foreclosure and they will have to give you 90 days to vacate. Start looking for another place.

But am i going to loose my whole Deposit if I don't pay the rent for may and part of june?
 
I went through something very close to what you are. I figured it was safe to assume that my landlord probably no longer had the security I had paid and talked him into signing an agreement to terminate the lease, collect no rent for two moths in exchange for him keeping the deposit. I am pretty sure there is no law that says he HAS to use the money you are paying in rent for the mortgage payments. Meaning you are still liable for rent payments because you have a contract, which is your lease. I put a clause in the paper we both signed saying he could not sue us for rent not paid for the two months while we looked for a place and we could not sue him for the security deposit that we had paid. It is possible that the property won't sell at auction. I would also send him a notice via certified mail with your notice of vacating the property by June 30th and be moved to a new place by then.
 
Also if it does sell, federal law says the tenant must be giving a 90-day eviction. That also would make your landlord no longer the owner, thus voiding the remainder of your lease. The new owner will have to file for the eviction and that is when you will be giving the 90 days. Or maybe you would be lucky and get offered "cash for keys" meaning they pay for you to move sooner.
 
Now but what about this month's rent, I texted the owner saying I sent the rent money today via mail but with no late fees included, can he return my check and say "no i need payment with late fee included I am not taking this check" can he send it back to me? Does he has the right to do that? And can he just go ahaead and start the eviction process? I mean I been late 25 days now?

What advice can you guys give me?


Thanks again.

Also
 
Now but what about this month's rent, I texted the owner saying I sent the rent money today via mail but with no late fees included, can he return my check and say "no i need payment with late fee included I am not taking this check" can he send it back to me? Does he has the right to do that? And can he just go ahaead and start the eviction process? I mean I been late 25 days now?

What advice can you guys give me?


Thanks again.

Also





You need to figure out a way to pay ALL of your rent.

Otherwise, your eviction is inevitable.

After what you did, that might be well on its way now, anyway.

Why buy yourself more trouble?

People can sue you because they think you looked at them improperly.

No one wants to be sued.

If you owe late fees, you have to pay them.

Some owners might take partial payments, others won't.

No one can guess what someone else will do.

Stop relying on text messages.

You should send certified mail with return receipt requested, or overnight mail like FedEx or UPS.

That way, you still get delivery proof.

Sending a payment in the mail, even in full is risky.

The person could screw you and say they never received payment.

I've known of landlords that just tore up regular letters.

There is no proof they ever received anything.

They just wanted any excuse to evict certain tenants!
 


You need to figure out a way to pay ALL of your rent.

Otherwise, your eviction is inevitable.

After what you did, that might be well on its way now, anyway.

Why buy yourself more trouble?

People can sue you because they think you looked at them improperly.

No one wants to be sued.

If you owe late fees, you have to pay them.

Some owners might take partial payments, others won't.

No one can guess what someone else will do.

Stop relying on text messages.

You should send certified mail with return receipt requested, or overnight mail like FedEx or UPS.

That way, you still get delivery proof.

Sending a payment in the mail, even in full is risky.

The person could screw you and say they never received payment.

I've known of landlords that just tore up regular letters.

There is no proof they ever received anything.

They just wanted any excuse to evict certain tenants!


Thanks alot if I have any more quetions I will let you guys now. Thanks again:)
 
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