landlord in foreclosure, missed 18 payments but wants me to move for missing a payment first time in 9 yrs!?

Why is it right for my landlord, who has not paid his mortgage for the last 18 months while failing to respond to all the notices that his lender and the courts have sent him since 2009, to harass me endlessly every time the rent is due?

I am a law-abiding citizen and I know what the law says - I am obligated to pay rent to him until otherwise notified by the bank or the Court system about a change of ownership...yadi yada - but here is the scenario:

I have been renting the top floor of a two-family dwelling since 2002 from a middle-eastern immigrant who lives on the first floor. This is a dwelling that was raided by the FBI, in full swat gear with automatic sub-machine guns drawn, 3 or 4 years ago because they had reason to believe he was harboring a suspected terrorist or something to that effect. To say we were shocked as tenants is putting it mildly. Nonetheless after asking us some questions and spending some time questioning the landlord's family, the FBI left. The landlord and his wife later explained it was all a misunderstanding.

That's just background and on hindsight, we should have moved out then. However, let's skip back to the present.

We recently found out the house is in foreclosure. (I have confirmed it for a fact and also spoke to the lender's attorney who said he could not give me information or advice but did not object when I said I was planning on withholding rent to save enough to move out.) A Notice of Intent to foreclose was sent to the Municipal Clerk's office in October, 2009. The last action on record was on July 2010 at which time an application for entry of final judgment was filed. I also found out he has not responded to any of the legal notices sent to him and hasn't even bothered to pay his mortgage in over 18 months.

I lost my job in 2008, went back to school and got a masters and now teach at a local college but only make enough to pay for utilities basically. I don't teach in the summer so I don't get paid. My wife too has been out of work due to an illness but just recently started again. These are very challenging times for us. We have kids living at home. Still, we have never missed a month, though late sometimes, until this month, July 2011, and what does this jerk who has not been paying his mortgage do? Ask us to move! There is something inherently unfair about this despite what the law says.

This man is living rent free, has five cars that he and his family uses including a Lexus, runs a limousine business with another 3 or 4 limo cars to his name, collects rent every month from me and tenants at another house he owns (which is also in foreclosure, we learned from a very reliable source, and I am sure he is not paying his mortgage on that either!)and lives like a big-shot while thumbing his nose at the system.

I begrudge no man but there is something wrong with a legal system that allows this. What are we law-abiding citizens to do? I am required to meet my obligations but why is this guy allowed to ignore his without immediate action?

The arrogant idiot had the nerve to call the police on me after I told him I knew the house was in foreclosure. The conversation came about after he called to schedule a prospective tenant to come look at the house. He had used this as a threat/bluff one time too many so I called him back and asked if he was planning on telling them the house was in foreclosure. That's when he found out I knew. He totally lost it and started throwing four letter words at me. I told him to come home so we could talk face to face like men and he came back with a cop car in tow. Of course, the cop realized it was a civil matter but said he had to respond since the landlord claimed a dispute between us. Bottom line is, we are moving but how unfair is this?

5 Answers

  • 8 years ago
    Best Answer

    You did not pay rent. For of course eviction is 100% fair. You can NOT expect him to support you, it does not matter one bit what his problems are, no issue of his allows you to live on his property for free.

  • Lolly
    Lv 7
    8 years ago

    The eviction process costs a lot of money. Of course this is all billed back to the tenant, but he is all talk, he's not going to advance those fees if he is getting his money. Let him bluster. And it might be best to stay, if you have a lease you are protected, and the new ownership has to honor that lease.

  • 8 years ago

    Too bad you didn't keep paying the rent, so that the new owners would have to pay you moving expenses it the use changed from a rental or let you stay if it continued as a rental. Your rental credit is now shot as well.

  • ?
    Lv 5
    8 years ago

    he wont think hes so smart when the forecloses are finished, his credit rating is shot, the bank takes him to court and he gets the cars etc repossessed to pay the banks legal fees. karma always comes back so just find a place to move to, give notice and move on with your life knowing u are the better person

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  • 8 years ago

    Life is not fair and if you signed a lease, your landlord has the right to make you move.

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