Landlord issues now house is in foreclosure

[sylvie38]

What is the name of your state (only U.S. law)? NJ

we have been having issues with the house we are renting, finally after over a year our landlord fixed the half of the roof that had been leaking terribly. Now we are having an issue with mold in the upstairs bathroom and the tile that he attempted to repair by placing tile sheeting onto a rotted wall is falling apart. We were going to tell him that we were going to have it fixed properly and take it from the rent, but now I recieved notice that the house is and has been in foreclosure for about 3/4 months now. The law firm just found out that there was tenants living in the home as the LL has himself listed as living here (he lives in town with his mother for many years now)...after speaking to them they informed me this has been in process for almost a year now. I spoke to my LL today to see if he would say anything .... he stated nothing about being in foreclosure although I know he is recieving an onslaught of notices at his mothers house (the address is listed in the mailings also) My question is what do I do? Do I go ahead and do the repair of the bathroom which involves the health of my family even though he is saying no, do I place my rent into an escrow account? I know the house does not have a certificate of occupancy and he is not legally allowed to collect rent but I do feel bad for him to a point...however not enough to place my family in a position of suddenly having to move and giving this man money which is supposed to be for a secure place to live. As to those who are going to answer "Just Move" that would be a fantastic option however in a town that is literally one square mile there are not often homes up for rent and I do not want to take my children out of school where they are doing so well. Please any advice would be greatly appreciated!

 

[HomeGuru]

What is the name of your state (only U.S. law)? NJ

we have been having issues with the house we are renting, finally after over a year our landlord fixed the half of the roof that had been leaking terribly. Now we are having an issue with mold in the upstairs bathroom and the tile that he attempted to repair by placing tile sheeting onto a rotted wall is falling apart. We were going to tell him that we were going to have it fixed properly and take it from the rent, but now I recieved notice that the house is and has been in foreclosure for about 3/4 months now. The law firm just found out that there was tenants living in the home as the LL has himself listed as living here (he lives in town with his mother for many years now)...after speaking to them they informed me this has been in process for almost a year now. I spoke to my LL today to see if he would say anything .... he stated nothing about being in foreclosure although I know he is recieving an onslaught of notices at his mothers house (the address is listed in the mailings also) My question is what do I do? Do I go ahead and do the repair of the bathroom which involves the health of my family even though he is saying no, do I place my rent into an escrow account? I know the house does not have a certificate of occupancy and he is not legally allowed to collect rent but I do feel bad for him to a point...however not enough to place my family in a position of suddenly having to move and giving this man money which is supposed to be for a secure place to live. As to those who are going to answer "Just Move" that would be a fantastic option however in a town that is literally one square mile there are not often homes up for rent and I do not want to take my children out of school where they are doing so well. Please any advice would be greatly appreciated!

**A: ok, what advice do you want to hear besides don't move? Do you want to hear that you have a case to sue and be allowed to stay there? Can you move to within the same school district? Have the mold tested and if it is toxic mold, post back for further instructions.

 

[sylvie38]

I am speaking to realtors to try to find a home here in town, being that the housing market is difficult she said perhaps some sellers would be willing to do a rental. My question is should I put my monthly rent into an escrow account, several people I spoke to along the way (spoke to mortgage co, mortgage co lawyer, etc) mentioned escrow to protect myself where I would turn the money over to him should he resolve this matter. As for the bathroom mold yes it is black mold, once it started to show it quickly started spreading....can I still have it reasonably repaired being that he is in foreclosure and is telling me no I am not putting any money into the house do not fix it. (he does not know that I know it is in foreclosure yet). I checked with the town and was told there is no C of O and he can not even legally collect rent, bottom line I want to protect my own interests but I want to do it the right way not looking to hurt my LL but more importantly need to protect my family.

 

[HomeGuru]

I am speaking to realtors to try to find a home here in town, being that the housing market is difficult she said perhaps some sellers would be willing to do a rental. My question is should I put my monthly rent into an escrow account, several people I spoke to along the way (spoke to mortgage co, mortgage co lawyer, etc) mentioned escrow to protect myself where I would turn the money over to him should he resolve this matter. As for the bathroom mold yes it is black mold, once it started to show it quickly started spreading....can I still have it reasonably repaired being that he is in foreclosure and is telling me no I am not putting any money into the house do not fix it. (he does not know that I know it is in foreclosure yet). I checked with the town and was told there is no C of O and he can not even legally collect rent, bottom line I want to protect my own interests but I want to do it the right way not looking to hurt my LL but more importantly need to protect my family.

**A: read your lease and the NJ landlord tenant law as there are specific legal remedies that you have. But you must follow procedure.

 

[Gail in Georgia]

"As for the bathroom mold yes it is black mold, once it started to show it quickly started spreading"

So it's actually been tested by a qualified firm and shown to be either Stachybotrys chartarum or S. chlorohalonata, correct?

Gail

 

[sylvie38]

test report says Stachybotrys atra, they stated that the wood behind the tile needed to be removed (it's rotted) when the LL did the repair several years ago Before we lived here, I now know the past tennant she explained that he removed the sheet rock and purchased a sheet of tile and glued it directly to the already rotting wood. This has been slowly pulling away I asked for repair then he refused....now along the seam you can see and smell the mold so I called a friend at the health department who sent a testing firm who confimed mold. My husband can do the repairs which will keep the LL cost down we would gladly only charge for materials but he is refusing, I know I can report him to the health department but being he has no C of O I'm guessing he could be in trouble this is not what I am looking to do but he needs to be aware of how serious the situation is and he will not listen. I can understand that he is in foreclosure and just wants his money for as long as he can get it....but legally I want to know if I can still go ahead and repair it...the house needs a great deal of repairs it has been severly neglected but the other issues I can live with as they don't involve the health of my family.

 

[Gail in Georgia]

New Jersey is a very tenant friendly state. There are several options for a tenant should a landlord breach a "habilitability" issue. They are outlined in the attached:

Landlord-Tenant 101 ~ NJ Law in Review

Since it appears you do not wish to take the option of terminating the lease and moving, you do have the option of addressing the repairs yourself and taking the cost of doing so off your rent.

However, if you decide to go this route, cover all "bases" by notifying your landlord you are looking into doing this and giving them a certain amount of time to address the repair issues himself. Make sure this notification is in writing should you need this as evidence that you gave him a reasonable chance prior to initiating the repairs yourself.

Gail

 

[sylvie38]

Thank you, I did send him a letter along with photos and mold report. His answer to me is "I want to sell the house so I am not putting any money or work into it". He is a young guy who was sadly taken by his own family that sold him a severly neglected over 100 year old house, I feel for him however if I were to contact the building and health department I am certain they would condem the house...I just want the bathroom fixed...besided the mold the wall in the shower is falling down. One more question...should I but the materials (save receipts) and have my husband do the repairs with photo documentation or hire a contractor? I don't mind saving him money but for legal reasons what is best in your opinion?

 

[Gail in Georgia]

Unless your husband is a licensed contractor, it would be better to hire one.

Gail

 

[Searchertwin]

In my opinion, either you fix it yourself and continue paying rent or put rent in escrow and hire someone to fix it. Either way you are going to be moving.
So you can saved the money from fixing it, and start hunting.
If you report things and the house is condemn, you will be moving regardless.

And if report is sent to LL that it is condemn, he doesn't care, it is in foreclosure. So who will be hurt? You. Cause you won't be given 30 days to vacate.

If you hire someone to do the work, the LL is not going to pay. He is done with the house. He may hound you for the rent, but that is in escrow. You will have to go to court to make him pay for repairs and he will take you to court to get his rent money. Again, either way, you are going to have legal expenses. Again, start hunting.
LL could state you never told him about the problems unless you sent letter register.
So, the only answer here and it is not what you want to hear but is it to move. Or do the best you can in getting rid of mold, (elbow grease), and glue the shower panel up and start hunting. At this point, LL doesn't care what you do, he said he is basically done.

P.S. I don't believe you did a mold test. That expense would have been a nice down payment for another rental.

 

[Who's Liable?]

In my opinion, either you fix it yourself and continue paying rent or put rent in escrow and hire someone to fix it. Either way you are going to be moving.
So you can saved the money from fixing it, and start hunting.
If you report things and the house is condemn, you will be moving regardless.

And if report is sent to LL that it is condemn, he doesn't care, it is in foreclosure. So who will be hurt? You. Cause you won't be given 30 days to vacate.

If you hire someone to do the work, the LL is not going to pay. He is done with the house. He may hound you for the rent, but that is in escrow. You will have to go to court to make him pay for repairs and he will take you to court to get his rent money. Again, either way, you are going to have legal expenses. Again, start hunting.
LL could state you never told him about the problems unless you sent letter register.
So, the only answer here and it is not what you want to hear but is it to move. Or do the best you can in getting rid of mold, (elbow grease), and glue the shower panel up and start hunting. At this point, LL doesn't care what you do, he said he is basically done.

P.S. I don't believe you did a mold test. That expense would have been a nice down payment for another rental.

All decent advice. Except for the mold part, a good quality test only costs about $300, bio-suits and all.