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Landlord Died, Mortgage lender evict tenant? Eviction Grounds

Discussion in 'Eviction, Recovery of Premises' started by Bronislav, Sep 11, 2013.

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  1. Bronislav

    Bronislav Law Topic Starter New Member

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    Rented a room in rooming house. Have a lease. Rent paid through next 3 months. Have a receipt for rent paid. Landlord died. Landlord didn't deposit security deposit in escrow account (as required by New Jersey law); I don't think I'll get my security deposit back. What rights do I have if and when landlord's mortgage lender tries to evict me? I believe landlord was negotiating with mortgage lender for some time to avoid foreclosure. I believe property was "under water" and consequently landlord's relatives don't want it, so I guess they will not take possession of property. How can I learn who mortgage lender is and what status of mortgage loan is?
     
  2. Bronislav

    Bronislav Law Topic Starter New Member

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    Make that "evict tenant", not "evist tenant".
     
  3. Betty3

    Betty3 Super Moderator

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  4. Bronislav

    Bronislav Law Topic Starter New Member

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    Hi, Betty3 -

    Thanks for your reply.

    According to the article "What Happens when a Landlord Dies - What to Do when Your Landlord Dies" pointed to by the link you referenced, the tenant should keep paying the rent.

    The problem here is that there is no one to pay the rent to.

    The landlord's relatives have not asked for any rent or given me their address, and I can understand why - the property was "under water" - more is owed to the mortgage lender than the property is worth. So of course the relatives don't want to take ownership of the property.

    But as I understand it, since the relatives don't own the property, they can't charge rent for the property.

    So until this case works its way through the courts, technically the property still belongs to the deceased landlord. And of course, he's not going to take legal action against me for nonpayment of rent, since he's dead.

    But nonpayment of rent would of course undoubtedly affect my legal rights when the mortgage lender inevitably moves to evict me. I could offer the mortgage lender (whose identity I have just now learned) payment of rent, but I'm sure they would refuse to co-operate, since that would just hamper their efforts to evict me when they're ready to do so.

    I need to stay in the house for a few months until I can afford to move. What should I do? How much time do I have?

    Thanks for any help anyone cane give.
     
  5. Betty3

    Betty3 Super Moderator

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    In this case (per a reference I have), rent should be paid to the estate. If probate of the estate has not been opened as of yet, it suggests you talk to a lawyer to see what your rights & responsibilities are.

    Again, someone here may come along with some additional information for you.
     
  6. mightymoose

    mightymoose Moderator

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    Until you can determine who collects the rent you would be wise to sit the money aside and not spend it. At some point someone will come asking for it and if you don't have it in full you will have a big problem.
     

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