Landlord is MIA

[dwells]

What is the name of your state? Maine
Our lease is up in May and we can not find our landlord.
The phone is now at a constant busy signal, rent checks haven't been cashed since Dec 07 and we have come to find out that the association fees are not being paid.
We have a little over 2 months security deposit.
Our realtor that found us the place 2 years ago has tried to contact the landlord and family members. He was in touch with the father but it seems he is very old and out of it. He said our landlord was alive and would pass a message along.
We really want to stay but if the bank forecloses can they kick us out?
The realestate agent thinks we should send a certified letter, move the money into another account and put stop payments on the outstanding checks and NOT pay for the next month. I don't think that is wise.
How often does this happen and if something happened will we get 60 days to move?
The home owners association sent a certified letter and it came back not received.

 

[Cvillecpm]

You are RIGHT to NOT listen to the Realtor....go to the landlord's house and check on him AND keep paying rent and staying where you are.

 

[dwells]

You are RIGHT to NOT listen to the Realtor....go to the landlord's house and check on him AND keep paying rent and staying where you are.

I'm not in the same state.
The realtor said that he can "act" as management and we can send the rent to him, he will keep it in an escrow account until the landlord produces itself.
We don't want to lose our security deposit and if we decide to go through the proper channels of vacating the property by May 1 how do we get it back?
It's a bit more than 2 months rent.

The realtor had a relationship with the landlord for about 7 years. He did not do property management but he did do the credit check and rent the place but we paid the rent to the landlord and called the landlord if a problem arose.
He says she's in breach and by law he can act as property manager. I don't know if that is true.
We don't have the landlord as a reference if we move and another landlord will want a reference. So we are screwed.

 

[jpathfynder]

He says she's in breach and by law he can act as property manager. I don't know if that is true.

If he's saying the law allows him to act as a property manager because of the breech... I believe this to be false.

If he's saying he has a property management contract with the landlord... then this may be true, a real estate agent can typically act as a property manager. However, I'd be leary of this since the landlord hasn't notified you that this realtor will be acting on his behalf.

 

[dwells]

If he's saying the law allows him to act as a property manager because of the breech... I believe this to be false.

If he's saying he has a property management contract with the landlord... then this may be true, a real estate agent can typically act as a property manager. However, I'd be leary of this since the landlord hasn't notified you that this realtor will be acting on his behalf.

That is what I don't know. If the law says he can. He says it does. He was never a property manager for her. What he did was show the place on her behalf, give us the keys and a copy of the signed lease. We renewed each year with her. If we moved out, we would give the realtor the keys. She was too cheap to pay him for "management" but used him to find renters and make sure that the house wasn't wrecked when someone new moved in.
BTW, she's a lawyer and has been a bit psycho at times. The realtor has had a relationship with her for over 7years and he is baffled by this. It is very out of charactor for her.

 

[FarmerJ]

If your rental payments were always mailed to the owner at this point it would be reasonable to not pay the realtor unless you are sent notice from the LL telling you otherwise. Try writting the LL to see if per chance one of the LLs family is now collecting the mail. DONT spend the rent moneys that you have accumulated. If your LL had been living in a small town and you really want to push it call the post office in the LLs town and tell them your concerned since rent payments have not been getting cashed and the phone is busy all the time . If mail has been piling up perhaps the postmaster can alert the local police dept and have the LLs home checked on.

 

[caslerst]

I know it's not legal for the OP to not pay the last 2 months rent but if he doesn't pay, and allows the security depost to act as the last 2 months rent, where are the LL's damages? As long as the OP leaves the place spotless, what can the LL sue for? She's not out any money.

NOT LEGAL ADVICE, THIS IS WHAT I WOULD DO:
Send a letter to the LL certified mail saying that since you have not been able to contact her that you are going to let your security deposit act as your last two months rent. Clean the place really, really good and take pictures when you move out. Fix things that were broken when you moved in. Don't give her a leg to stand on if she tries to get money out of you for repairs/cleaning. Keep records of phone calls you make to the LL and what the result was, keep records of contact with the Dad and the realor.

If the LL is still alive and comes after you in court for not paying the last 2 months rent or cleaning/fixing, I would use those records to show that you were being a good citizen by trying to get in touch with her. Do what FarmerJ said and have the police check on her to bolster your case. Tell the judge that since you had difficulty finding the LL to PAY your rent, you had zero confidence that you would be able to find the LL to get your deposit BACK. Plus, as long as you leave the place spotless, where are her damages? She got her rent money in the form of the deposit.

 

[dwells]

We sent a registered letter and it came back unclaimed.
We called the relatives and no one called us back. Realtor talked to the father who was senile and said he would pass a message along to but we never heard back.

The place is spotless and actually in better condition than when we moved in. There was a pet in the place before us that left hair, odor and some damage that we fixed.

I've always received my full security deposit back from every place I rented.
I don't want to have to hire a lawyer to get it back if they ever find her.
We are now looking to move which of course we will send another letter, it will be returned and what do we do then? Shut the utilities off, shut the door and go?

I know it's not legal for the OP to not pay the last 2 months rent but if he doesn't pay, and allows the security depost to act as the last 2 months rent, where are the LL's damages? As long as the OP leaves the place spotless, what can the LL sue for? She's not out any money.

NOT LEGAL ADVICE, THIS IS WHAT I WOULD DO:
Send a letter to the LL certified mail saying that since you have not been able to contact her that you are going to let your security deposit act as your last two months rent. Clean the place really, really good and take pictures when you move out. Fix things that were broken when you moved in. Don't give her a leg to stand on if she tries to get money out of you for repairs/cleaning. Keep records of phone calls you make to the LL and what the result was, keep records of contact with the Dad and the realor.

If the LL is still alive and comes after you in court for not paying the last 2 months rent or cleaning/fixing, I would use those records to show that you were being a good citizen by trying to get in touch with her. Do what FarmerJ said and have the police check on her to bolster your case. Tell the judge that since you had difficulty finding the LL to PAY your rent, you had zero confidence that you would be able to find the LL to get your deposit BACK. Plus, as long as you leave the place spotless, where are her damages? She got her rent money in the form of the deposit.

 

[MIRAKALES]

The best legal advice and information will probably come from the Clerk of Court in your county. The court may advise that the property is in foreclosure; or tenant is not required to issue rent payments until LL or authorized agent makes contact. The LL’s bank and local USPS post office will know more about the owner’s status. The bank may advise that checks have not been issued or deposited or the account has been closed. The mailman may advise that a hold or forward has been placed on the mail.
The LL (like any missing person) is possibly deceased, hospitalized, incarcerated, institutionalized, etc. File a missing person’s report with the police department, if lawful. Be industrious and diligent to determine what your tenant obligations are legally and professionally.