Negligent Landlord

[Eryx]

Hi all, I am new to this forum and was hoping someone could help me out with some legal advice.

I am located in Merced, California where I rent a house from my landlord. Several days ago I received a notice on my front door saying my landlord was being sued by his lender, so I decided to look into it online. I found my house on one of those foreclosure sites, and it stated that the house was in pre-foreclosure.

At the beginning of my lease I signed a contract, but he has not kept his side of that. Specifically he has not changed the air filters, mowed the lawn ever, and we had a verbal agreement that he would lay cement in the backyard and have it done months ago.

It is also extremely hard to get a hold of him as he does not return emails, phone calls, or text messages. The other day I was able to get him on the phone and he said he was aware of the foreclosure(though he never told me anything) and that he had planned the whole thing out! He said he timed it just right so the house would foreclose when the lease is up.

If he is not paying the bank anymore, do I still have to keep paying him? He also has my security deposit that I want back but the chances of that happening seem very dim.

Thank you very much for your time, consideration, and advice!

 

[Who's Liable?]

Hi all, I am new to this forum and was hoping someone could help me out with some legal advice.

I am located in Merced, California where I rent a house from my landlord. Several days ago I received a notice on my front door saying my landlord was being sued by his lender, so I decided to look into it online. I found my house on one of those foreclosure sites, and it stated that the house was in pre-foreclosure.

If his house is pre-foreclosure, it is in your best interest to start finding a new place to move.

At the beginning of my lease I signed a contract, but he has not kept his side of that. Specifically he has not changed the air filters, mowed the lawn ever, and we had a verbal agreement that he would lay cement in the backyard and have it done months ago.

And are any of these items requested by you in WRITING? Did you ever send him a letter stating the need for these maintenance items?

It is also extremely hard to get a hold of him as he does not return emails, phone calls, or text messages. The other day I was able to get him on the phone and he said he was aware of the foreclosure(though he never told me anything) and that he had planned the whole thing out! He said he timed it just right so the house would foreclose when the lease is up.

Plan to relocate.

If he is not paying the bank anymore, do I still have to keep paying him?

Yes, what makes you think you have the legal right NOT to pay rent? If you fail to pay rent, he can evict you for non-payment of rent. The foreclosure is between the LL and the bank, NOT you.

 

[Eryx]

Thanks for the speedy reply!

I just rechecked my contract and the only thing listed in the contract is for him to change the air filters. The other two things, finish the backyard and mow the lawn, were verbal agreements between the landlord and 4 people, including myself.

The only reason I am considering not paying the rent is that I am in fear of losing my security deposit. I doubt that he is going to give it back to me.

 

[Eryx]

Yes, what makes you think you have the legal right NOT to pay rent? If you fail to pay rent, he can evict you for non-payment of rent. The foreclosure is between the LL and the bank, NOT you.

I just also wanted to add that I came to this conclusion because he has not held up his end of the contract.

To give you an example I spoke to him on the 4th of this month, the last time I spoke to him before that was October! It is really that hard to get a hold of him.

 

[Who's Liable?]

I just also wanted to add that I came to this conclusion because he has not held up his end of the contract.

To give you an example I spoke to him on the 4th of this month, the last time I spoke to him before that was October! It is really that hard to get a hold of him.

That is not a legal reason to withhold monies owed. YOU signed a contract stating you would pay X amount on X day for X months. You are NOT released from said contract until either a judge orders the contract null and void OR the contract has been fulfilled REGARDLESS of the actions either parties perform.

If the LL has not held up their end of the contract, you would need to take him to court. Once the judge orders the contract null or void THAN you can stop payments, but also face a move-out date.

 

[Eryx]

If the LL has not held up their end of the contract, you would need to take him to court. Once the judge orders the contract null or void THAN you can stop payments, but also face a move-out date.

Thats great, but is there a way I can simply have the contract reviewed and annulled? Going through the whole judicial system seems like a waste of time for something so small.I would rather have the contract ruled void by a judge, than have police come throw me out of the house when it forecloses. Also if I have the contract submitted for review, do I get the security deposit back that I gave to the landlord?

 

[FarmerJ]

When the home comes to actual forclosure You will be sent a notice regarding the sale date. They just arent going to come to door and throw you out. You will have some kind of advance warning. So have you thought about turning this into a opportunity and learning if you could buy the home ?

 

[Eryx]

When the home comes to actual forclosure You will be sent a notice regarding the sale date. They just arent going to come to door and throw you out. You will have some kind of advance warning. So have you thought about turning this into a opportunity and learning if you could buy the home ?

I know that I won't "literally" be thrown from the home, it was more a figure of speech. The thing is I would just like to be out of this house ASAP.