February 16th, 2010
Should I pay next month rent? Property to be auctioned off by court Nov 12?
I have to pay the rent the 1st of every month the property is in foreclosure since july and is going to be auctioned off at the court steps Nov 12 received notice Oct 22 , My question is should I pay the whole month or send partial rent or wait until they management company asks for it? Has anyone else gone through this?
I live in CA
No I dont have a lease is month to month.
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Filed under: Rent Property
no way!
you dont have to pay ! the owner is not paying so he is just pocketing your money! save your money for moving! you dont owe him anything.
If you have a Lease then you are legally bound by its conditions to pay till the lease ends. If the owner is not paying their mortgage then they are in default. And by you also not paying then you will also be in default.
Even if the property is sold, the new owners would need to Honor the lease you already have.
Technically you owe your rent BUT given its foreclosure status, you have no reason to believe that this money will have any impact upon your lease arrangement.
Unlike one of the other answers, a foreclosure eliminates your lease and both your obligations and responsibilities.
Keep this money for moving expenses or future rent. Contact the buyer of the foreclosure to determine if you can start a new lease.
In most of the larger cities in California, it takes six to ten weeks for an eviction… I have seen banks sit on property for six months or more without taking any steps to remove tenants.
I have further seen lenders offer money for voluntary possession of the property. Sometimes as much as three times the rent.
Stay put…Keep the place neat and clean as you would under any tenancy.
Wait until foreclosure and contact the new owner. See how they respond and be patient.
Ignore the management company if they were hired by the original owner. Deal direct with the new owner but do not chase after, if you are ignored. They will find you if they want to talk.
Enjoy your position of strength. The original owner has no claim to rent because of the potential/likely interference with your quiet enjoyment of the premises. DO NOT LET ANYONE BLUFF YOU!
Good luck!
No, you don’t need to pay anything just shift your place , thanks