- This topic has 7 replies, 6 voices, and was last updated 17 years, 8 months ago by little lady.
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March 19, 2007 at 1:49 PM #8640March 19, 2007 at 2:38 PM #48063no_such_realityParticipant
Talk to a lawyer specializing in tenant law.
Depending on the terms of your lease, you may have some luck based on the refi’s occurring after your lease.
If you have no lease, stop paying future rent, find a new place and leave after May.
March 19, 2007 at 5:41 PM #48078AnonymousGuestDny,
I am in a similar situation renting a condo up in the LA area, but my landlord is not yet in as much trouble as it sounds like yours is. The HOA on my unit is also $500+.
I remember in a previous discussion powayseller recommending this organization for those of you in SD:
http://www.tenantslegalcenter.com/
You may also want to check out http://www.freeadvice.com, which is a site where you can get free legal advice. Be advised though that many of the contributors to this site appear to have the perspective of owners, so you may not get all the information that you need there.
I would be careful withholding rent or counting your deposit in place of payment. Unfortunately if your owner declares bankruptcy I think you have to get in line with the other creditors to recover your security deposit. I believe you can sue in small claims court for it, however. Next time if I rent from an individual owner I may try and get the security deposit held in an escrow account, hopefully protecting it from situations like this.
March 19, 2007 at 11:24 PM #48097ocrenterParticipantwe were in a very similar situation. we ended up going to tenant’s legal center. great source of info there, well worth the $150.
in a nutshell, if you have reason to believe that the owner committed fraud (that includes 1st payment mortgage default, stated owner occupancy on loan docs) then stop paying rent! of course, get the lawyer to look thru your evidence to make sure you are on solid footing on this.
btw, your landlord’s initials isn’t RS, is it?
March 19, 2007 at 11:26 PM #48098ocrenterParticipantoh, don’t leave after may, stay right up to the auction date. well, just go to tenants legal center and hear them out. well worth the money.
March 20, 2007 at 9:27 AM #48122dnyParticipantI will check into the legal center that is being mentioned. As far as fraud being commited, I don’t think that fraud was intended from the start, but if receiveing rent and not paying the mortgage constitutes fraud, then yes, that is happening.
My guess is that like many amateur flippers this guy bought with the hope that the place would appreciate in price. Once he realized that was a lost dream he decided to cut bait and let the place sink into foreclosure.
And no, the landlord’s initials are not R.S.
March 20, 2007 at 7:37 PM #48169patbParticipantkeep the rent in an escrow account.
the mexican is never coming back
You will need it to pay for an urgent move when the
sheriff serves you a vacate notice.March 21, 2007 at 12:09 AM #48178little ladyParticipantThe advice of keeping rent in an escrow account might be a good idea, since the landlord has to sue you and you can pay if you have the money (and the judges decides you have to).
No one should be that worried about getting evicted, the court will NEVER allow you to be KICKED right out on the street. They always give a little time even if you didn’t have the money.
My mom has had tenants, and is elderly, and I have helped her evict some loser….he knew what he could get away with having done it before. She depends on that money to live. At least now tenants can’t use bancruptcy to hold the place for months, without rent, due to the new bancruptcy laws.
I believe you can go on nolo.com. I believe you can find some free tenant law information there. It might give you a little piece of mind.
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