What rights do I have as a renter? Our landlord took our rent but hasn't paid the bank for the last 6 mo.I think he planned to screw us from the beginning. We moved in 6 months ago and it takes about that amount of time for a bank to forclose. He tried to flip this house but no one bought it. I guess he was making back a little bit on us. He'll probably keep our security deposit too. I'll call a lawyer... |
It's a really sad situation, I have seen it happen a lot in the last couple months. Has the notice of trustee's sale been slammed on the door yet? This is what I suggest you do:
Contact a local title company and ask for the tax records for the property... this will tell you if any thing has been filed against the property. It will also tell you WHEN the bank plans to send the house to auction. They can also give you a copy of the Notice of Trustee's Sale if it has been issued yet, and there will be a phone number to the bank. You can call to see if the owner has tried to postpone the sale as well, or has made any attempt to stop the sale. This is all public information.
If I were you, I would NOT move out. I would plan on it... get my stuff packed up, starting finding a new place because once the bank owns it there is no staying in the property unless you plan on making arrangements with the bank to purchase it. I would STOP paying the rent only once you are POSITIVE he has stopped paying his mortgage and foreclosure is inevitable. What is he going to do, take you to tenant court over a property he doesn't own anymore? Unlikely.
Once the bank takes over the property, the sale will be assigned to a local Realtor if it does not sell at auction. The bank will most likely offer a "Cash for Keys" scenario, giving you money for leaving in a timely manner... and leaving the home "broom clean" with no major repairs. Then I would TAKE pictures.
Lastly, once you have left, I would file a small claims suit against the former landlord asking for your security deposit. Get a 1 hour free consultation with a lawyer to see if the landlord has any recourse in the missed rent from you and see if this plan is acceptable... I would hate for you to get screwed over this... but I've seen this scenario happen in California.
If all else fails, you get your money from the "cash for keys" from the bank. I have seen banks offer $2k-$3k.
What the landlord does with the rents you pay is not your concern or responsibility. You have a lease contract with the landlord, and are expected to honor it. Continue paying the rents while you investigate the deed to the property at the local land office. Such investigation will reveal whether or not the landlord is facing a foreclosure action, since legal papers will have been filed and recorded if he IS facing foreclosure.
If foreclosure is under way, start packing and preparing to move out, so that you're prepared when the foreclosure is finalized. Once the bank takes title to the property, you have time to move out, since they will have to file an eviction process to have you removed. (It won't hurt your credit report if you are evicted in this fashion.) More than likely, the bank will offer you cash to move out before you are required to do so by law.
you have many rights as a renter. You can start by typing renters rights in the search engine by state. In Texas should someone retain the deposit, they must by law send you something in writing to why it was retained - this has to be done in 30 days after move out. Start looking for a new place because if the bank forecloses you will not know about it and the local authorities can - by request of the bank vacate the premises and it will cost you an astronomical amount to get your belongings back. My yahoo id is my email I will try to direct you the best I can - don't lose you things over this pond scum
It's none of your business what the owner does with the rent money. If he keeps your security deposit ILLEGALLY then you have recourse against him in the courts.
Meanwhile, since you seem to know things about the landlord, you might fish those waters for more info, i.e. is foreclosure imminent? Then be prepared to move.
Keep paying your rent. You have no control over what the landlord does with his money. If you are on a month to month, make the move. If you are on a lease, you can't break it because you think the landlord will keep the deposit.
Read your rental agreement if you have one. Beyond that, consult a lawyer. Frankly, if you're renting and they are foreclosing on the house you're renting, I doubt you have any recourse at all ecept to potentially sue the landlord for breech of contract to get your deposit and costs associated with it.
OTOH, the best revenge is living well. If the house is being foreclosed upon, go tot he bank and talk to them. They may likely be willing to allow you to continue to rent and... even better if you can, they would probably make you a great deal (like 20 - 30% below the market) to buy it off them....
and, changes are.... they'd finance it for you too.
Banks HATE to foreclose, they hate to have the property on their books and they only want to get it resolved. You could be a great answer....
