the home was going up for auction on sept. 11, 2009 but was postponed until nov. 9, 2009. i have already put a deposit down on another home because thought the home was going to auction. do i have any right to break my lease still?Can a tenant break their rental lease if the landlord hasn't paid the mortgage?
Cupcakes, in the face if what's happening now, this is a situation that needs to be handled by our regulators. It present an impossible situation for the tenant. Frankly, I think there should be a clause in all lease agreements that says upon notice of foreclosure, the tenant has the right to terminate the lease immediately.
What might help you is this - If the mortgage on the property is held by Fannie Mae, you have certain rights.
Read the link below for details on the program. It is very new. Just rolled out.
http://www.fanniemae.com/homebuyers/Rent鈥?/a>
In order to find out if the mortgage on the property is held by Fannie Mae, check here: http://loanlookup.fanniemae.com/loanlook鈥?/a>
Good luck to you.Can a tenant break their rental lease if the landlord hasn't paid the mortgage?
Your lease agreement states that you will rent a property and pay rent in a timely manor in exchange for renting the property. Nowhere in your lease does it state that if the landlord does not pay his mortgage, you do not have to pay your rent.
If you do not pay your rent then the landlord can sue you for the money owed since you breached the lease by not paying.
Until the house is actually foreclosed on then you are required to continue paying rent.
I would communicate with the landlord and ask about the status of your security deposit if the property is foreclosed on.
I would wait to pay november's rent until after the foreclosure action. If the property is foreclosed on then I would not pay rent since the landlord no longer owns the property and can no longer legally collect rent from you. If the property is not foreclosed on then you will need to pay november rent.
';Legally';, I think you are covered. Your landlord has put you in a position that you are unable live under those conditions. I would say that you are clear from NOT paying him as long as you move out within that month.
I assume you payed 1st and last months rent?,.. if so, you are paid up. You may need to seek the advice from a lawyer in your local government.
Rules may be different from state to state.
It is your responsibility to pay the rent to the landlord. NO where will a lease state what the landlord is supposed to do with the money. The landlords finances and how they chose to spend the rent is none of your business. You are still bound to your lease.
actually, if the house is controlled by someone other than the landlord it seems to me that the lease is already broken
to whom are you paying the rent?
if it going up for auction he no longer owns it
No, you do not. Your lease remains fully binding as long as your current landlord owns the premises. You should have made arrangements with your landlord BEFORE you put a deposit on another house.
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