The landlord told me in November that he was 2 months behind on the morgage payment. He has been receiving the rent from the 2 appartments in the house. I just found out 3 days ago from the girl upstairs that all of this was happening. I live in PA. So, I went to the Sheriff's office to see if it is true and it is. They suggest I move before then. So, am I obligated to pay him rent any longer?
2007-03-01 01:57:14 · 4 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Yes, you're obligated to pay him rent. You're living there and I assume you have a lease or rental agreement with him and at the moment, he still owns the place.
He could, and should, turn you over to collections or file a small claims suit against you if you do not pay what you have legally agreed to pay. If he catches up on his mortgage payments, the Sheriff's sale would stop and then what do you do? Tell him, "Oh Gee. I thought you were going to lose the place. Sorry I'm 2 months behind now."
Give him a 30 day notice and move out before the sale. Until you actually move, you owe him the rent.
2007-03-01 02:08:25 · answer #1 · answered by Faye H 6 · 2⤊ 0⤋
You really do have to be a little careful. To understand what I mean is this;
The property belongs to your landlord until such time as the sale takes place and the property is transferred to someone else. It could be that the landlord could still pull it off and not lose the property. Given that you have a contract with the landlord until that time and you have not received a notice that you must vacate the premises it gets a little gray. However given the circumstances I'm sure that if you were to give notice to terminate citing the facts as you were told by the sheriff's office then its a different story. Since this is a gray matter you should consult with a local legal begal on the issue. In the meantime here are the links of what your state's laws relating to Landlords and tenants say
LANDLORD TENANT ACT: http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf#search=%22landlord%20tenant%20act%20Pennsylvania%22
Pennsylvania Human Relations Commission
http://www.phrc.state.pa.us/
Buena Suerte
2007-03-01 02:50:07 · answer #2 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Unfortunately you are obligated even though he is taking the money and running. A sheriff sale is because the owner has over three years back taxes due, and he still has the ability to buy the property back at any time. It really is your call though. Do you think the landlord will sue you for back rent or give you a bad reference? Just because he is irresponsible doesn't mean he won't make you accountable. I would definitely give a notice and move. Once the property is sold you will be evicted through an FED.
2007-03-01 03:11:37 · answer #3 · answered by dancing11freak 2 · 0⤊ 0⤋
He's obligated to the mortgage company, but you're obligated to him. Just because he's not paying them doesn't mean you don't have to pay him. You are living there and you are being given sufficient notice. Does your lease extend beyond May? You should give him 30 days and move out either way. I don't think he can keep you in the lease under these circumstances.
2007-03-01 02:09:18 · answer #4 · answered by :) 5 · 1⤊ 1⤋