San Diego Housing Market News and Analysis
I need advice on rent skimming landlord
User Forum Topic
Submitted by jrsygirl9 on August 28, 2008 - 10:46pm
We signed a one year lease may 15 08. Moved in june 1. Owner is an real estate "investor" and purchased the property 11/30/07. he has not made a mortgage payment since 4/1/08.
Every which way i read this "rent skimming" law he violates it. he has no excuse for not paying. In fact he says he has the money but is choosing to not pay because he wants to see if he can get the bank to modify the loan. I don't believe him because when I called to tell him there are a pre-forclosure inspector at the house he said his CPA embezzeled from him and he was fixing it. Six weeks later the NOD was filed (8/19/08).
My husband and several friends say don't pay him another dime. I want to stay in this house. Infact in our lease it states he must offer the house to us first because I want to buy it.
Does anyone know the legality of placing it in escrow because I don't want him to satisfy the loan and then kick us out for violating the lease. i also don't want to throw away good money because he is upside down 170k on this property. I don't see him fixing it.
Am I legally obligated to pay even though he is skimming? Can i legally put it in escrow so there ae no issues?
Please advise asap as this guys wants to come up tomorrow and pick up the rent check (8/29/08) and it isn't due until the 3rd.
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