Nice little surprise waiting for me when I got home today.

[Anonymous]

You’re lucky in that you may be pretty well fixed for the next few months!

The only thing that would jeapordize your credit would be an unlawful detainer (court eviction). So since it appears that your landlord has abandoned the property–which is why you were so fortunate as to find the Notice of Default–you may stop paying rent and see what happens. If the landlord serves you with a 3-days notice, however, you must pay the rent. If you don’t, he can file an unlawful detainer action, and then you will be a heap of trouble. So don’t blow the money.

Oh, who pays the water and garbage bills? You don’t want to end up with no water or garbage service.

[kicksavedave]

NavyDoc,

Apart from Peon’s advice above, I’m not sure most of the adice you’ve been given here is entirely accurate and legal. I’m a landlord now, and just had to evict some deadbeat tenants. I’ve learned a ton about the process, but I am also certainly NOT a real estate lawyer either.

However, unless there is something specific in your lease that grants you immunity from an eviction in the event the landlord goes into default, you not paying your rent is a simple default on your lease and your landlord can pursue you for that money. That doesn’t mean they will, and it doesn’t mean that if they do that it would happen before the NOT or Trustee sale or the 3 or 6 month periods being thrown about in here. Those are personal and timing issues which you may or may not find important.

But that’s not the relevent legal issue here. You owe your rent, and not paying it can bring eviction proceedings against you, regardless of the landlords troubles himself. Will they pursue you via the proper legal means? Probably not. Can they? Yes.

Its up to you to decide A) if you want to risk it, and B) if you risk it, will you win or lose. Chances are good that you won’t get caught and lose the legal process of eviction here. But you are not legally entitled to live rent free, unless there is a clause in your lease stating such.

Its all a question of what’s right, what’s legal, and what you can probably get away with. Don’t blur the issues, they are separate.

Good luck what ever you do.

EDIT: Peon’s latest advice is spot on. They can legally force you to pay or evict you, and that process can happen quicker than some people realize. After 3 days notice they can process eviction papers which you legally must respond to by paying, or appearing in court. Its a real risk that they can take this course of action.

[kicksavedave]

NavyDoc,

Apart from Peon’s advice above, I’m not sure most of the adice you’ve been given here is entirely accurate and legal. I’m a landlord now, and just had to evict some deadbeat tenants. I’ve learned a ton about the process, but I am also certainly NOT a real estate lawyer either.

However, unless there is something specific in your lease that grants you immunity from an eviction in the event the landlord goes into default, you not paying your rent is a simple default on your lease and your landlord can pursue you for that money. That doesn’t mean they will, and it doesn’t mean that if they do that it would happen before the NOT or Trustee sale or the 3 or 6 month periods being thrown about in here. Those are personal and timing issues which you may or may not find important.

But that’s not the relevent legal issue here. You owe your rent, and not paying it can bring eviction proceedings against you, regardless of the landlords troubles himself. Will they pursue you via the proper legal means? Probably not. Can they? Yes.

Its up to you to decide A) if you want to risk it, and B) if you risk it, will you win or lose. Chances are good that you won’t get caught and lose the legal process of eviction here. But you are not legally entitled to live rent free, unless there is a clause in your lease stating such.

Its all a question of what’s right, what’s legal, and what you can probably get away with. Don’t blur the issues, they are separate.

Good luck what ever you do.

EDIT: Peon’s latest advice is spot on. They can legally force you to pay or evict you, and that process can happen quicker than some people realize. After 3 days notice they can process eviction papers which you legally must respond to by paying, or appearing in court. Its a real risk that they can take this course of action.

[kicksavedave]

NavyDoc,

Apart from Peon’s advice above, I’m not sure most of the adice you’ve been given here is entirely accurate and legal. I’m a landlord now, and just had to evict some deadbeat tenants. I’ve learned a ton about the process, but I am also certainly NOT a real estate lawyer either.

However, unless there is something specific in your lease that grants you immunity from an eviction in the event the landlord goes into default, you not paying your rent is a simple default on your lease and your landlord can pursue you for that money. That doesn’t mean they will, and it doesn’t mean that if they do that it would happen before the NOT or Trustee sale or the 3 or 6 month periods being thrown about in here. Those are personal and timing issues which you may or may not find important.

But that’s not the relevent legal issue here. You owe your rent, and not paying it can bring eviction proceedings against you, regardless of the landlords troubles himself. Will they pursue you via the proper legal means? Probably not. Can they? Yes.

Its up to you to decide A) if you want to risk it, and B) if you risk it, will you win or lose. Chances are good that you won’t get caught and lose the legal process of eviction here. But you are not legally entitled to live rent free, unless there is a clause in your lease stating such.

Its all a question of what’s right, what’s legal, and what you can probably get away with. Don’t blur the issues, they are separate.

Good luck what ever you do.

EDIT: Peon’s latest advice is spot on. They can legally force you to pay or evict you, and that process can happen quicker than some people realize. After 3 days notice they can process eviction papers which you legally must respond to by paying, or appearing in court. Its a real risk that they can take this course of action.

[kicksavedave]

NavyDoc,

Apart from Peon’s advice above, I’m not sure most of the adice you’ve been given here is entirely accurate and legal. I’m a landlord now, and just had to evict some deadbeat tenants. I’ve learned a ton about the process, but I am also certainly NOT a real estate lawyer either.

However, unless there is something specific in your lease that grants you immunity from an eviction in the event the landlord goes into default, you not paying your rent is a simple default on your lease and your landlord can pursue you for that money. That doesn’t mean they will, and it doesn’t mean that if they do that it would happen before the NOT or Trustee sale or the 3 or 6 month periods being thrown about in here. Those are personal and timing issues which you may or may not find important.

But that’s not the relevent legal issue here. You owe your rent, and not paying it can bring eviction proceedings against you, regardless of the landlords troubles himself. Will they pursue you via the proper legal means? Probably not. Can they? Yes.

Its up to you to decide A) if you want to risk it, and B) if you risk it, will you win or lose. Chances are good that you won’t get caught and lose the legal process of eviction here. But you are not legally entitled to live rent free, unless there is a clause in your lease stating such.

Its all a question of what’s right, what’s legal, and what you can probably get away with. Don’t blur the issues, they are separate.

Good luck what ever you do.

EDIT: Peon’s latest advice is spot on. They can legally force you to pay or evict you, and that process can happen quicker than some people realize. After 3 days notice they can process eviction papers which you legally must respond to by paying, or appearing in court. Its a real risk that they can take this course of action.

[kicksavedave]

NavyDoc,

Apart from Peon’s advice above, I’m not sure most of the adice you’ve been given here is entirely accurate and legal. I’m a landlord now, and just had to evict some deadbeat tenants. I’ve learned a ton about the process, but I am also certainly NOT a real estate lawyer either.

However, unless there is something specific in your lease that grants you immunity from an eviction in the event the landlord goes into default, you not paying your rent is a simple default on your lease and your landlord can pursue you for that money. That doesn’t mean they will, and it doesn’t mean that if they do that it would happen before the NOT or Trustee sale or the 3 or 6 month periods being thrown about in here. Those are personal and timing issues which you may or may not find important.

But that’s not the relevent legal issue here. You owe your rent, and not paying it can bring eviction proceedings against you, regardless of the landlords troubles himself. Will they pursue you via the proper legal means? Probably not. Can they? Yes.

Its up to you to decide A) if you want to risk it, and B) if you risk it, will you win or lose. Chances are good that you won’t get caught and lose the legal process of eviction here. But you are not legally entitled to live rent free, unless there is a clause in your lease stating such.

Its all a question of what’s right, what’s legal, and what you can probably get away with. Don’t blur the issues, they are separate.

Good luck what ever you do.

EDIT: Peon’s latest advice is spot on. They can legally force you to pay or evict you, and that process can happen quicker than some people realize. After 3 days notice they can process eviction papers which you legally must respond to by paying, or appearing in court. Its a real risk that they can take this course of action.

[Navydoc]

I finally talked to the landlord today, and they told me they are in fact trying to do a workout with the lender (Countrywide-good luck with that one). I told them I was going to talk to a Navy attorney tomorrow just to see what my rights are in this situation, and if they can draft any protection for me, such as placing my rent in an escrow account or whatever, if that’s even necessary. They told me they are currently in default, but I “won’t have to worry about my situation”. My rent’s not technically due until the 10th, so I still have a few days. The only way I’ll not pay my rent is if the landlord flat out says “we’re walking away, go ahead and squat”, but they’re not saying that yet. It still infuriates me that for the past 3 months at least my rent payments have not been applied to the mortgage. Oh, and I pay water, but the landlord pays garbage, so I COULD just let the trash pile up in the backyard (just kidding, but sounds kind of poetic when I think about it).

[Navydoc]

I finally talked to the landlord today, and they told me they are in fact trying to do a workout with the lender (Countrywide-good luck with that one). I told them I was going to talk to a Navy attorney tomorrow just to see what my rights are in this situation, and if they can draft any protection for me, such as placing my rent in an escrow account or whatever, if that’s even necessary. They told me they are currently in default, but I “won’t have to worry about my situation”. My rent’s not technically due until the 10th, so I still have a few days. The only way I’ll not pay my rent is if the landlord flat out says “we’re walking away, go ahead and squat”, but they’re not saying that yet. It still infuriates me that for the past 3 months at least my rent payments have not been applied to the mortgage. Oh, and I pay water, but the landlord pays garbage, so I COULD just let the trash pile up in the backyard (just kidding, but sounds kind of poetic when I think about it).

[Navydoc]

I finally talked to the landlord today, and they told me they are in fact trying to do a workout with the lender (Countrywide-good luck with that one). I told them I was going to talk to a Navy attorney tomorrow just to see what my rights are in this situation, and if they can draft any protection for me, such as placing my rent in an escrow account or whatever, if that’s even necessary. They told me they are currently in default, but I “won’t have to worry about my situation”. My rent’s not technically due until the 10th, so I still have a few days. The only way I’ll not pay my rent is if the landlord flat out says “we’re walking away, go ahead and squat”, but they’re not saying that yet. It still infuriates me that for the past 3 months at least my rent payments have not been applied to the mortgage. Oh, and I pay water, but the landlord pays garbage, so I COULD just let the trash pile up in the backyard (just kidding, but sounds kind of poetic when I think about it).

[Navydoc]

I finally talked to the landlord today, and they told me they are in fact trying to do a workout with the lender (Countrywide-good luck with that one). I told them I was going to talk to a Navy attorney tomorrow just to see what my rights are in this situation, and if they can draft any protection for me, such as placing my rent in an escrow account or whatever, if that’s even necessary. They told me they are currently in default, but I “won’t have to worry about my situation”. My rent’s not technically due until the 10th, so I still have a few days. The only way I’ll not pay my rent is if the landlord flat out says “we’re walking away, go ahead and squat”, but they’re not saying that yet. It still infuriates me that for the past 3 months at least my rent payments have not been applied to the mortgage. Oh, and I pay water, but the landlord pays garbage, so I COULD just let the trash pile up in the backyard (just kidding, but sounds kind of poetic when I think about it).

[Navydoc]

I finally talked to the landlord today, and they told me they are in fact trying to do a workout with the lender (Countrywide-good luck with that one). I told them I was going to talk to a Navy attorney tomorrow just to see what my rights are in this situation, and if they can draft any protection for me, such as placing my rent in an escrow account or whatever, if that’s even necessary. They told me they are currently in default, but I “won’t have to worry about my situation”. My rent’s not technically due until the 10th, so I still have a few days. The only way I’ll not pay my rent is if the landlord flat out says “we’re walking away, go ahead and squat”, but they’re not saying that yet. It still infuriates me that for the past 3 months at least my rent payments have not been applied to the mortgage. Oh, and I pay water, but the landlord pays garbage, so I COULD just let the trash pile up in the backyard (just kidding, but sounds kind of poetic when I think about it).

[Anonymous]

Uh, so many tenants have told me that the landlord was trying to work it out, only to find the building scheduled for the Trustee Sale at the end of three months, that I wouldn’t depend on that. Also Countrywide is one of the seriously badly behaved, so once the foreclosure sale is scheduled, make sure that you send them a letter letting them know who you are and that you are a tenant living in the building.

[Anonymous]

Uh, so many tenants have told me that the landlord was trying to work it out, only to find the building scheduled for the Trustee Sale at the end of three months, that I wouldn’t depend on that. Also Countrywide is one of the seriously badly behaved, so once the foreclosure sale is scheduled, make sure that you send them a letter letting them know who you are and that you are a tenant living in the building.

[Anonymous]

Uh, so many tenants have told me that the landlord was trying to work it out, only to find the building scheduled for the Trustee Sale at the end of three months, that I wouldn’t depend on that. Also Countrywide is one of the seriously badly behaved, so once the foreclosure sale is scheduled, make sure that you send them a letter letting them know who you are and that you are a tenant living in the building.

[Anonymous]

Uh, so many tenants have told me that the landlord was trying to work it out, only to find the building scheduled for the Trustee Sale at the end of three months, that I wouldn’t depend on that. Also Countrywide is one of the seriously badly behaved, so once the foreclosure sale is scheduled, make sure that you send them a letter letting them know who you are and that you are a tenant living in the building.

[Author]

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