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| Posted by: Liz from California on May 15, 2009, 8:38 pm |
Comment:
I signeg a lease in 10/08 in March the builder/landlord defaulted on his loan. A third party is now collecting my rent. They sent a demand to pay rent. In 6/09 homw will be foreclosed and trustee dasle will be 21 day after. This month I witheld my rent and I am searching for a new home to lease. Third party has sent me a bill for the rent and late fees. What are my rights. I want to send the third party a notice to keep my deposit in lieu of last months rent. I need to know if anyone has been in a similiar situation and is my lease void in June when home is foreclosed on. i dont want to breach my lease contract |
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Replies to this comment:
Posted By John from California on May 18, 2009, 6:47 pm
I'm not a lawyer, but here's what I understand pertaining to your situation: You are contractually obligated to pay rent to your LL until he/she no longer owns the property, ie. date of auction. If this third party has a written agreement with you to accept rent monies, then you have to pay them up until they no longer own the property. You cannot use your deposit for the last month's rent unless your LL or third party specifically agrees to it (get it in writing). If you withhold rent without that agreement, you are breaching your rental contract and can be evicted. Yes, the foreclosure/trustee sale does void your lease once the process is complete. But not a moment before. I would not withhold rent if I were you. Believe me, I understand wanting to, but it will only make matters worse.
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