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little lady.
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March 19, 2008 at 12:16 PM #173556March 19, 2008 at 12:35 PM #173157
Anonymous
Guest“If I stop paying rent after he stop paying the mortgage, can he evict me ?”
Yes, the owner can evict you, but why would he? If he’s truly going to walk away from the house, why would he spend money to initiate an eviction process against you? He would be throwing good money after bad money.
However, keep in mind that the foreclosure process is taking approximately 8 months or longer. Therefore, if he’s a dirty landlord/owner and you stop paying rent, he may try to get you out of there and deceive another family by getting them in there and collecting rent from them until the Sheriff comes and puts them out on the street.
March 19, 2008 at 12:35 PM #173496Guest“If I stop paying rent after he stop paying the mortgage, can he evict me ?”
Yes, the owner can evict you, but why would he? If he’s truly going to walk away from the house, why would he spend money to initiate an eviction process against you? He would be throwing good money after bad money.
However, keep in mind that the foreclosure process is taking approximately 8 months or longer. Therefore, if he’s a dirty landlord/owner and you stop paying rent, he may try to get you out of there and deceive another family by getting them in there and collecting rent from them until the Sheriff comes and puts them out on the street.
March 19, 2008 at 12:35 PM #173499Guest“If I stop paying rent after he stop paying the mortgage, can he evict me ?”
Yes, the owner can evict you, but why would he? If he’s truly going to walk away from the house, why would he spend money to initiate an eviction process against you? He would be throwing good money after bad money.
However, keep in mind that the foreclosure process is taking approximately 8 months or longer. Therefore, if he’s a dirty landlord/owner and you stop paying rent, he may try to get you out of there and deceive another family by getting them in there and collecting rent from them until the Sheriff comes and puts them out on the street.
March 19, 2008 at 12:35 PM #173520Guest“If I stop paying rent after he stop paying the mortgage, can he evict me ?”
Yes, the owner can evict you, but why would he? If he’s truly going to walk away from the house, why would he spend money to initiate an eviction process against you? He would be throwing good money after bad money.
However, keep in mind that the foreclosure process is taking approximately 8 months or longer. Therefore, if he’s a dirty landlord/owner and you stop paying rent, he may try to get you out of there and deceive another family by getting them in there and collecting rent from them until the Sheriff comes and puts them out on the street.
March 19, 2008 at 12:35 PM #173601Guest“If I stop paying rent after he stop paying the mortgage, can he evict me ?”
Yes, the owner can evict you, but why would he? If he’s truly going to walk away from the house, why would he spend money to initiate an eviction process against you? He would be throwing good money after bad money.
However, keep in mind that the foreclosure process is taking approximately 8 months or longer. Therefore, if he’s a dirty landlord/owner and you stop paying rent, he may try to get you out of there and deceive another family by getting them in there and collecting rent from them until the Sheriff comes and puts them out on the street.
March 19, 2008 at 1:04 PM #173167Eugene
ParticipantSo, if my landlord stop paying his mortgage, what are my rights ? If I stop paying rent after he stop paying the mortgage, can he evict me ?
Your lease agreement is a contract between you and the landlord. Your landlord’s mortgage is a contract between him and the lender. Unless there is a clause in your contract that requires your landlord to pay his mortgage (I’m pretty sure there isn’t), these two contracts are independent of each other.
Yes, the owner can evict you, but why would he?
At the very least the owner will take your security deposit, and he could take you to the court. The fee to file the eviction lawsuit is on the order of $200. These lawsuits are common and they move forward quickly. You will get evicted anyway; the judge will make you responsible for paying back-rent, landlord’s legal fees (including the filing fee), and up to $600 as a penalty; and you’ll get an eviction recorded on your credit report, making you a persona non grata for all homeowner-landlords for the next seven years. If you’re still in the house five days after the judgment, the sheriff will come and physically remove you from the property.
http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
March 19, 2008 at 1:04 PM #173506ParticipantSo, if my landlord stop paying his mortgage, what are my rights ? If I stop paying rent after he stop paying the mortgage, can he evict me ?
Your lease agreement is a contract between you and the landlord. Your landlord’s mortgage is a contract between him and the lender. Unless there is a clause in your contract that requires your landlord to pay his mortgage (I’m pretty sure there isn’t), these two contracts are independent of each other.
Yes, the owner can evict you, but why would he?
At the very least the owner will take your security deposit, and he could take you to the court. The fee to file the eviction lawsuit is on the order of $200. These lawsuits are common and they move forward quickly. You will get evicted anyway; the judge will make you responsible for paying back-rent, landlord’s legal fees (including the filing fee), and up to $600 as a penalty; and you’ll get an eviction recorded on your credit report, making you a persona non grata for all homeowner-landlords for the next seven years. If you’re still in the house five days after the judgment, the sheriff will come and physically remove you from the property.
http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
March 19, 2008 at 1:04 PM #173509ParticipantSo, if my landlord stop paying his mortgage, what are my rights ? If I stop paying rent after he stop paying the mortgage, can he evict me ?
Your lease agreement is a contract between you and the landlord. Your landlord’s mortgage is a contract between him and the lender. Unless there is a clause in your contract that requires your landlord to pay his mortgage (I’m pretty sure there isn’t), these two contracts are independent of each other.
Yes, the owner can evict you, but why would he?
At the very least the owner will take your security deposit, and he could take you to the court. The fee to file the eviction lawsuit is on the order of $200. These lawsuits are common and they move forward quickly. You will get evicted anyway; the judge will make you responsible for paying back-rent, landlord’s legal fees (including the filing fee), and up to $600 as a penalty; and you’ll get an eviction recorded on your credit report, making you a persona non grata for all homeowner-landlords for the next seven years. If you’re still in the house five days after the judgment, the sheriff will come and physically remove you from the property.
http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
March 19, 2008 at 1:04 PM #173530ParticipantSo, if my landlord stop paying his mortgage, what are my rights ? If I stop paying rent after he stop paying the mortgage, can he evict me ?
Your lease agreement is a contract between you and the landlord. Your landlord’s mortgage is a contract between him and the lender. Unless there is a clause in your contract that requires your landlord to pay his mortgage (I’m pretty sure there isn’t), these two contracts are independent of each other.
Yes, the owner can evict you, but why would he?
At the very least the owner will take your security deposit, and he could take you to the court. The fee to file the eviction lawsuit is on the order of $200. These lawsuits are common and they move forward quickly. You will get evicted anyway; the judge will make you responsible for paying back-rent, landlord’s legal fees (including the filing fee), and up to $600 as a penalty; and you’ll get an eviction recorded on your credit report, making you a persona non grata for all homeowner-landlords for the next seven years. If you’re still in the house five days after the judgment, the sheriff will come and physically remove you from the property.
http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
March 19, 2008 at 1:04 PM #173611ParticipantSo, if my landlord stop paying his mortgage, what are my rights ? If I stop paying rent after he stop paying the mortgage, can he evict me ?
Your lease agreement is a contract between you and the landlord. Your landlord’s mortgage is a contract between him and the lender. Unless there is a clause in your contract that requires your landlord to pay his mortgage (I’m pretty sure there isn’t), these two contracts are independent of each other.
Yes, the owner can evict you, but why would he?
At the very least the owner will take your security deposit, and he could take you to the court. The fee to file the eviction lawsuit is on the order of $200. These lawsuits are common and they move forward quickly. You will get evicted anyway; the judge will make you responsible for paying back-rent, landlord’s legal fees (including the filing fee), and up to $600 as a penalty; and you’ll get an eviction recorded on your credit report, making you a persona non grata for all homeowner-landlords for the next seven years. If you’re still in the house five days after the judgment, the sheriff will come and physically remove you from the property.
http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
March 19, 2008 at 1:13 PM #173187patientlywaiting
Participant” The fee to file the eviction lawsuit is on the order of $200. These lawsuits are common and they move forward quickly. You will get evicted anyway;”
Not true. It’s not that cheap. You need lawyer on retainer to file an unlawful detainer in Superior Court. You can’t file yourself.
If these are wannabe landlords, they probably don’t have an attorney. It’ll cost them about $3000 to get a lawyer on retainer. Plus they have to pay the filing fees.
I would say that chances are good that owners in distress won’t do anything. First, they need to notify you. And you can always make good on your contract before it gets to the court date. If playing hardball can save thousands in not paying rent, you might want to give it a whirl.
It’s not that easy being a landlord. Don’t think you can just sit back and collect the rent.
March 19, 2008 at 1:13 PM #173527Participant” The fee to file the eviction lawsuit is on the order of $200. These lawsuits are common and they move forward quickly. You will get evicted anyway;”
Not true. It’s not that cheap. You need lawyer on retainer to file an unlawful detainer in Superior Court. You can’t file yourself.
If these are wannabe landlords, they probably don’t have an attorney. It’ll cost them about $3000 to get a lawyer on retainer. Plus they have to pay the filing fees.
I would say that chances are good that owners in distress won’t do anything. First, they need to notify you. And you can always make good on your contract before it gets to the court date. If playing hardball can save thousands in not paying rent, you might want to give it a whirl.
It’s not that easy being a landlord. Don’t think you can just sit back and collect the rent.
March 19, 2008 at 1:13 PM #173529Participant” The fee to file the eviction lawsuit is on the order of $200. These lawsuits are common and they move forward quickly. You will get evicted anyway;”
Not true. It’s not that cheap. You need lawyer on retainer to file an unlawful detainer in Superior Court. You can’t file yourself.
If these are wannabe landlords, they probably don’t have an attorney. It’ll cost them about $3000 to get a lawyer on retainer. Plus they have to pay the filing fees.
I would say that chances are good that owners in distress won’t do anything. First, they need to notify you. And you can always make good on your contract before it gets to the court date. If playing hardball can save thousands in not paying rent, you might want to give it a whirl.
It’s not that easy being a landlord. Don’t think you can just sit back and collect the rent.
March 19, 2008 at 1:13 PM #173549Participant” The fee to file the eviction lawsuit is on the order of $200. These lawsuits are common and they move forward quickly. You will get evicted anyway;”
Not true. It’s not that cheap. You need lawyer on retainer to file an unlawful detainer in Superior Court. You can’t file yourself.
If these are wannabe landlords, they probably don’t have an attorney. It’ll cost them about $3000 to get a lawyer on retainer. Plus they have to pay the filing fees.
I would say that chances are good that owners in distress won’t do anything. First, they need to notify you. And you can always make good on your contract before it gets to the court date. If playing hardball can save thousands in not paying rent, you might want to give it a whirl.
It’s not that easy being a landlord. Don’t think you can just sit back and collect the rent.
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