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Landlord is trying to collect the rent. Place is up for foreclosure. What should I do?

by Jarad 4 Comments

Question: My landlord is trying to collect the rent for the month of september 2008 we had a letter put on our door telling us this place is up for foreclosure the auction will be held august 28 2008 i called and told him whats this about he said oh we already took care of all that but i keep calling the phone number thats on the paper all it say is that the auction date was changed to september 29 2008 when i called the place they said yes its up for auction the 29th of september i called a real estate attorney and asked him. He told me to give a 30 day notice and have him keep my deposit as last mouths rent. My landlord would not take my 30 day notice and also said that i must pay this mouths rent and that once i moved he will give me my deposit back. i also let him know of all the things that needed to be fixed from when we moved in not till after i told him about the foreclosure. he start saying oh as soon as they save the house there going to fix every litte thing not to worry and when i told him, well i’m just going to move. he said well you still owe me my rent. then why did i give first and last months rent when i moved in? then he had nothing to say to that all he did was to start threating me tell “you don’t want to mess with me i’ll take you down” also “i know how to take care of you if you don’t pay me my rent” and now today september 13,2008 he gives me a three day notice i just said ok thats fine here’s my 30 day notice that i’ll be moving “he says i don’t want that why would i want that you have three days to get out of my house i’ll be back thursday to make sure your out” i told him you still have to give me a 30 day notice all he said was “no you have three day thats all”. what could I do about this man because come thursday september 18,2008 i don’t know what he will do. will he follow thru the threats. so please help me as soon as possible. should i call the police or what should i do. i am worried i have a three year old litte girl also a 14 month old daughter with a seizure disorder that still dose not hold her head up or nothing she is like a new born chid still what if trys something and one them get hurt please help please

Answer: -listen, this sounds like more than just a rental issue. Clearly this landlords intentions are not good. It sounds like he has already spent your deposit and has no intentions on paying it back. He’s just trying to get as much money as he can from his tenants before they foreclose on the property. In many cases this can be considered ‘rent skimming’ which is illegal. This is where the landlord uses the rent money to pay for personal belongings and lets the property go into default. If he is giving you 3 days to vacate, I would get the heck out before something worse happens, especially if he is threatening you. Let him keep your deposit money a better place to live. And if you feel you need to contact the authorities, do it. Who knows, they may even help you find a better place. Good Luck

Filed Under: Foreclosure, Renting Tagged With: Foreclosure, rent, rent skimming, Renting

Reader Interactions

Comments

  1. linok26 says

    at

    Hello,

    I own 2 rental properties in FL. Right now my payments are going up due to adjustable interest loan, but I can’t refinance for a different term due to the dropped property value. I can’t afford to continue to pay for the difference any more and similar properties are being sold for less than what I purchased mine for, so I’ve been considering foreclosure.
    1. Do I need to let the renters know about this now or when the foreclosure procedures are initiated by the lender?
    2. Will the renter be able to sue me if the property forecloses before their lease expires?
    3. If the lender forecloses on my properties but doesn’t recover the full amount I owed them, will they go after me trying to recover the deficiency?

    Thank you for your attention to this matter,

    Lina

    Reply
    • Jarad says

      at

      You may want to let your renters know whats going on. Here is what you have to be careful about. You can’t keep collecting rent and not pay the mortgage payments. That’s called rent skimming or equity skimming. It’s illegal. You can search this site for more info… This is one way a tenant could come back and sue you. You may want to look at your lease agreement and see if you can raise your monthly rents. If your properties do end up going to foreclosure and the auction does not bring enough to cover the loan amount, the lender can issue a deficiency judgment. It usually does not happen, but it could. A short sale would be a way better option if you know someone who can work with you on this to avoid the auction.

      Reply
      • linok26 says

        at

        Thank you very much for your reply. I went to your glossary to find out what a short sale is, but I don’t understand how would I benefit from selling my property for less than I owe. Is there something else I need to know about the short sale besides the definition you provide? I would have to come up with the difference at the closing table for a short sale, right?

        Also, I would like to learn what is the foreclosure process is like, would I have to appear in court, how long does it take from start to finish, what documents are going to be filed against me. Where can I find this kind of info?

        Sincerely,

        Lina

        Reply
        • Jarad says

          at

          Our website if full of content you can read.

          Reply

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