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I rent a room in a FORECLOSED CONDO!

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by Anicow, Oct 23, 2008.

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  1. Anicow

    Anicow Law Topic Starter New Member

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    My jurisdiction is: California

    My roomate asked me if I was interested in renting a room in his Condo (Fairfield, CA) in August 2008. I moved in September and gave him $650 for the first month's rent, as he did not require a deposit. I have paid him for October rent also.

    I came home yesterday and found a FED EX package from Countrywide (in regards to a foreclosure). I didn't open it, but asked him about the Condo later that evening. He assured me that his condo was NOT going into foreclosure. When I got into work today, I researched his address, and it is already being auctioned by the bank soon. He is HOUNDING me for next month's rent ALREADY and I still have another week!

    Can I legally withhold the rent for next month since he is not being upfront and telling me I will have to move ALREADY? I would like to use the rent money as a deposit to a NEW place and just leave! He is lying to me and I don't want to end up left in the cold and homeless.
     
  2. Duranie

    Duranie Moderator

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    Quite honestly, look for another place to rent. Do not give him any money until rent is due. You might want to google some landlord tenant rights in your state in regards to foreclosure. Some may allow you to withhold rent but honestly, he is not paying the mortgage with it and you face the real risk of paying him the rent, then being evicted. I would move asap.
     
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  3. Anicow

    Anicow Law Topic Starter New Member

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    So I asked the landlord (today) if the property is being foreclosed on and he blatantly lied to my face and told me NO! I looked online (RealtyTrac) and found the Trustee info. I contacted them; they informed that it has not been foreclosed as of yet, but that it defintiely will be if he does not come up with a 6-figure amount that I already know he doesn't have.

    Can I just give him a 30-day notice and refuse to pay rent for Nov? And use that rent as a deposit for a new place?
     
  4. Duranie

    Duranie Moderator

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    If you live there you owe the rent. Sounds like you can pay him for next months then it is pretty safe you will not be evicted yet. Since you are not on the mortgage I am surprise the bank told you anything.
     

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