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Do I need to pay rent if we are in foreclosure?

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by dartmouthkid, Jun 20, 2012.

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  1. dartmouthkid

    dartmouthkid Law Topic Starter New Member

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    So the place that I rent from is in foreclosure. My landlord seems to be in debt and the bank is foreclosing on the apartment. I don't want to get kicked out and I also don't want to be paying rent to my landlord if I'm going to get kicked out before the end of my lease. I am not looking to not pay rent, which would be great if I could avoid a month or two. :) But do I pay my landlord who looks like he's going to be sleazy and not pay the bank or do I just pay the bank and tell him I paid the bank?
     
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    Until there is a new owner or bank tells you they own property you pay rent. I fyou have a lease new owner or bank must abide by its terms or get you to agree to leave this can work out in your favor
     
  3. mightymoose

    mightymoose Moderator

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    Keep paying the landlord or you may find yourself facing eviction and be booted out before the end of your lease anyway. If anyone intends for you to move out you will get plenty of notice.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    This is true. Until there is an actual foreclosure the tenant has an obligation to pay the landlord irrespective of what dispute the landlord may have with the banks. That said, many people don't bother paying the landlord because by the the landlord wouldn't dare (or bother) to go to housing court to evict a tenant for not paying rent when the landlord isn't paying the mortgage. Dishonest isn't it? :) But there is one very valid defense -- you don't know who to pay and don't want to pay a landlord if he doesn't actually own the home. Hence some people wait and if brought to court... if it ever goes there. Much of the time the banks are so overwhelmed that they are fortunate enough to put through a half decent short sale these days. Hence many avoid these rental payments and might take a risk. Note that you can also usually search online for property ownership and liens on property.

    Can't tell you what to do but, legally, you're still obligated to pay your landlord. If the landlord does settle the matter you're stuck with dealing with the consequences.
     

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