Owner Change Landlord in foreclosure

[nomorejs]

I rented my home in November 2007. I paid rent on time every month. In October of 2008 I came home from vacation and a lock box was on my front door. There was a number in the front door from the person who had placed the lock box there. So I called and found out the house was in pre foreclosure. I contacted the landlard who denied everything. But I had already found out by researching that a lis pendens was placed on the property in August of 2007, three months before I rented the property. This was never disclosed to me. The landlord finally confessed that he was having problems and that I could remain in the house rent free. The house was put on the market as a short sale, and today the landlord called and said that a contract was put on the house. He also told me that he was behind in the homeowners association fees and that I was to pay them. It amounts to 1600.00 which I don't have. He asked me to do that some months ago and said he would send me the paperwork but never did. I know I haven't been paying rent but am I obligated to help him out in this situation? Obviously he never used the money I gave him for rent to pay his mortgage. What are my legal rights. I want to go into any kind of action highly informed. I hope someone has an answer.

 

[Michael Wechsler]

I'm not going to give you legal advice without seeing all the paperwork, etc. but I can provide you general information. As a whole, landlord tenant court is created to assist tenants. If you have a problem with the home being in foreclosure, common advice I have heard is to not pay the landlord because you may end up paying the "wrong" person who payments are to be made. You have no lease agreement with the homeowner's association. Your paying them won't satisfy the bank who essentially holds the deed on the property as collateral. The advice is not to pay anything and then offer to pay the proper party when you're notified or potentially served. Eviction would be inappropriate in this instance because it is not you who has breached the lease - it's the landlord who breached his covenants (quiet enjoyment, for one, which allows you the 'quiet enjoyment' of your property in return for your lease payments.) If you got to court, the problem is only how to get the payments to the right party, not that you're not making payments.

But that's just the payment issue. You might as well start looking for a new place given the obvious consequences of the foreclosure.