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August 28, 2007 at 11:15 AM #82068August 28, 2007 at 11:18 AM #82208
no_such_reality
ParticipantThis is more related to the rent skimming discussions. It’s a problem that needs a good legal recommended course of action because I suspect many renters are going to find themselves in a situation where their landlord goes to default and/or goes to foreclosure.
If the landlord is in default, but not rent skimming, your withholding rent could result in their being forced into foreclosure. At the same time, I understand the need to have you security deposit and any outstanding funds in escrow so that you do not lose them if the landlord screws it up.
In the meantime, find a local resource like Tenants Legal Center to get the scoop. I have no experience with them but it seems like a place to start.
Maybe we can use the power of Piggington to get the Attorney to comment on general guidelines for such a situation.
August 28, 2007 at 11:18 AM #82224ParticipantThis is more related to the rent skimming discussions. It’s a problem that needs a good legal recommended course of action because I suspect many renters are going to find themselves in a situation where their landlord goes to default and/or goes to foreclosure.
If the landlord is in default, but not rent skimming, your withholding rent could result in their being forced into foreclosure. At the same time, I understand the need to have you security deposit and any outstanding funds in escrow so that you do not lose them if the landlord screws it up.
In the meantime, find a local resource like Tenants Legal Center to get the scoop. I have no experience with them but it seems like a place to start.
Maybe we can use the power of Piggington to get the Attorney to comment on general guidelines for such a situation.
August 28, 2007 at 11:18 AM #82071ParticipantThis is more related to the rent skimming discussions. It’s a problem that needs a good legal recommended course of action because I suspect many renters are going to find themselves in a situation where their landlord goes to default and/or goes to foreclosure.
If the landlord is in default, but not rent skimming, your withholding rent could result in their being forced into foreclosure. At the same time, I understand the need to have you security deposit and any outstanding funds in escrow so that you do not lose them if the landlord screws it up.
In the meantime, find a local resource like Tenants Legal Center to get the scoop. I have no experience with them but it seems like a place to start.
Maybe we can use the power of Piggington to get the Attorney to comment on general guidelines for such a situation.
August 28, 2007 at 11:35 AM #82223Bugs
ParticipantFTR, I was the one who made the big morality statements, not SD_R.
You have a lease. I highly doubt that lender is going to try to void your lease. If after they foreclose they approach you or you approach them with your accrued rents I wouldn’t be at all surprised if they declined to accept them anyway. In fact, they might even be open to continuing your lease for a while at the same or even at reduced rates just to have someone there maintaining the place until they can get it together enough to sell it.
I think there’s still some room in here for everyone (save your landlord) to come out ahead without it being at anyone’s expense.
August 28, 2007 at 11:35 AM #82086ParticipantFTR, I was the one who made the big morality statements, not SD_R.
You have a lease. I highly doubt that lender is going to try to void your lease. If after they foreclose they approach you or you approach them with your accrued rents I wouldn’t be at all surprised if they declined to accept them anyway. In fact, they might even be open to continuing your lease for a while at the same or even at reduced rates just to have someone there maintaining the place until they can get it together enough to sell it.
I think there’s still some room in here for everyone (save your landlord) to come out ahead without it being at anyone’s expense.
August 28, 2007 at 11:35 AM #82239ParticipantFTR, I was the one who made the big morality statements, not SD_R.
You have a lease. I highly doubt that lender is going to try to void your lease. If after they foreclose they approach you or you approach them with your accrued rents I wouldn’t be at all surprised if they declined to accept them anyway. In fact, they might even be open to continuing your lease for a while at the same or even at reduced rates just to have someone there maintaining the place until they can get it together enough to sell it.
I think there’s still some room in here for everyone (save your landlord) to come out ahead without it being at anyone’s expense.
August 28, 2007 at 11:37 AM #82089The OC Scam
ParticipantYes in some way SD-R I meant to SCREAM entitlement and vindication but more in a funny ha-ha way.
Most in this situation as I have heard damage the property. I have a legal contract that was broken and have full legal right to live here until the bank ask me to move out or until by lease date expires. Which I agree is a little different then most properties that squatters would be found living in.
August 28, 2007 at 11:37 AM #82226ParticipantYes in some way SD-R I meant to SCREAM entitlement and vindication but more in a funny ha-ha way.
Most in this situation as I have heard damage the property. I have a legal contract that was broken and have full legal right to live here until the bank ask me to move out or until by lease date expires. Which I agree is a little different then most properties that squatters would be found living in.
August 28, 2007 at 11:37 AM #82242ParticipantYes in some way SD-R I meant to SCREAM entitlement and vindication but more in a funny ha-ha way.
Most in this situation as I have heard damage the property. I have a legal contract that was broken and have full legal right to live here until the bank ask me to move out or until by lease date expires. Which I agree is a little different then most properties that squatters would be found living in.
August 28, 2007 at 11:42 AM #82092SD Realtor
ParticipantOC Scam I guess we have found a good middle ground through some civil discourse.
Good debating with ya.
SD Realtor
August 28, 2007 at 11:42 AM #82229ParticipantOC Scam I guess we have found a good middle ground through some civil discourse.
Good debating with ya.
SD Realtor
August 28, 2007 at 11:42 AM #82245ParticipantOC Scam I guess we have found a good middle ground through some civil discourse.
Good debating with ya.
SD Realtor
August 28, 2007 at 12:10 PM #82099kicksavedave
ParticipantOC Scam I’m curious how your legal contract was broken? You agreed to pay rent, in return you were allowed to live in this house. You stopped paying rent, but continued to live in the house. To me it seems YOU broke the contract, not the previous landlord. As you said, until a court discharges this as a forclosure, the previous landlord is still the owner of record. But you’re not paying the rent you promised and signed your name to. Why not?
August 28, 2007 at 12:10 PM #82235ParticipantOC Scam I’m curious how your legal contract was broken? You agreed to pay rent, in return you were allowed to live in this house. You stopped paying rent, but continued to live in the house. To me it seems YOU broke the contract, not the previous landlord. As you said, until a court discharges this as a forclosure, the previous landlord is still the owner of record. But you’re not paying the rent you promised and signed your name to. Why not?
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