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LandlordLaura
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| Joined: | Mon Aug 21st, 2006 |
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| Posts: | 1117 |
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Posted: Wed Feb 27th, 2008 04:43 pm |
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I question the following points about your situation: 1) the original Tenant says he/she does not have a copy of the Lease Agreement and you have not seen it, 2) the Management Company only communicates with one Tenant, 3) you have not yet signed a Lease Agreement. Have you actually provided a Security Deposit to someone? If so, do you have a written receipt for it and/or documentation to prove it?
How has the Property Owner/Landlord "approved" of your being a Tenant? If he/she has not, then the Property Owner is not your Landlord and you are actually sub-leasing the place from a Tenant (current Lease holder). You mentioned in your post that the Management Company only contacts one of your roommates. It could be possible that this is because he/she is the only person who is actually a legal Tenant... And, if that is the case, you would not get your Lease and/or a return of any Security Deposit from the Property Owner because he/she is not your Landlord. A concern is that the Lease Agreement that your roommate has with the Landlord may actually prohibit (or the Landlord Tenant Laws may actually prohibit...) sub-Leasing without the Owner's prior written approval. It is important that you read through the original Lease to see if you are legally allowed to be a Tenant. The Tenant could/should easily get a copy of the currnt Lease Agreement from the Property Management Company...
Read through the Landlord Tenant Laws for your State/County/City to see how sub-Leasing of property is addressed. You may not actually be a legal Tenant at this point... As such, it would probably be in your best interest to get yourself out of the situation you have gotten into.
If my assumptions are wrong, please advise.
Let us know what you find out... Last edited on Wed Feb 27th, 2008 04:58 pm by LandlordLaura
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COlandlord
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| Joined: | Mon Feb 4th, 2008 |
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Posted: Wed Feb 27th, 2008 03:10 pm |
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| I sympathize with your situation, HOWEVER...you are still obligated to pay your rent and fullfill your lease term (unless the banks foreclose and force you to leave). The landlords failure to pay his mortgage is a contract between him and the bank and has no bearing on your lease...the lease is a contract between you and the landlord and must be fullfilled regardless of the landlords personal affairs. If you fail to pay rent, plan on an immediate eviction...you will not be able to stay until after the foreclosure (which could take months, or never happen if the landlord pays) and will have a judgement issued against you for possession and monies due. A landlord going into foreclose is not an out for the tenants.
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LadyTiamat
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| Joined: | Wed Feb 27th, 2008 |
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Posted: Wed Feb 27th, 2008 07:26 am |
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Hi! So here's my situation: I just started renting in a townhouse about three months ago. my roommates have been renting at that place for much longer than i have. Well, my roommates and I just found out last friday that the owner is going to go into foreclosure on the place. We heard this through the property management company, not the owner. We're not quite sure what to do now. All the agent told us was that the owner was going to foreclose on the place and that we would eventually have to leave but did not give us a specific time frame.
If I understand this correctly, the fact that the owner is foreclosing means that he hasn't been paying the mortgage even though we've been paying the rent on time, so he is in a sense pocketing the money. (please correct me if i'm wrong). My question then is, are we required to continue to pay the rent? and if so, for how long? and is there a way to get our security deposit back? 
These seem to be the biggest issues with my roommates and I. The property management company only contacts one of my roommates because he's the one they normally deal with. He, however, doesn't want to call the company and find out what we should be doing or what the exact details of the foreclosure are. Nor, does he have a copy of the lease, apparently, so I have no idea what is said in the contract. (i don't have a copy because i haven't signed onto the lease yet since i was suppose to take over it when my roommate moved out.) He was already planning on moving out in the middle of april anyways because he'll be done with school and is moving out of the country.
My second roommate however has already said that he is going to refuse to pay, but wants to stay until we get a notice because he doesn't want to go through the hassle of packing and moving and etc. Obviously it would be nice to remain somewhere rent-free, if even only for a month or two, in order to save up to move elsewhere. I just want to know if that's legal or not because i don't want to suffer the repercussions of it. i understand i should just look for a new place to move to, but having just moved, i hope ya'll can sympathize with the fact that i don't want to have to repack everything...
if someone could please let me know what the best way of going about this is, i would really appreciate it. oh, and sorry for the long-winded background info; i just wanted to make sure all bases were covered. thanks! ^_^
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