owner sold house - new owner attempting to collect back rent

[FountainSquare]

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

Indiana

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Signed a lease for one year in January of 2009, through January 2010. In August the owner of the house, we'll call him Chuck, called me and told me he was hiring a property management company, and maybe selling the house.

In September, we payed rent to Chuck. Around the same time, he gave what he termed the "potential new owners" of the house. Unfortunately, I do not remember the specific date the inspection occurred. In mid-September, after the inspection, we contacted Chuck about a mold problem in the bathroom. We also asked why he had not cashed our September rent check. Chuck did not respond. We contacted him near the end of September, and he told us he sold the house, and that any questions about the house should be directed to them. He did not provide any information on who we should contact.

We got a letter dated October 6, 2009; from someone acting on behalf of the new ownership group. We will call him Todd. Todd is a realtor who was originally part of the group that was to manage the property. However, his realty company did not allow him to actually be a part of the transaction; so he was serving as a middle man. He was one of the guys that came out for the inspection. I e-mailed Todd on October 8 and October 13 to provide the contact information he requested and asking about the possibility of a lease extension. He called me around October 24 asking for September and October rent. At that point, I asked about the mold in the bathroom. We also told him we had no problem paying October rent, and November rent. We advised him we would need to discuss September rent. We payed who we knew to be the owner of the house, and Chuck never cashed the check. Todd thinks Chuck lost the check. We did meet in Todd's office to pay October and November rent. We also explained our concerns about September rent. Todd told us he would contact the new owner of the house.

Early in November, maybe the 2nd or 3rd, Todd came over to look at the mold. He said that it should be a simple fix. He also told us that he had not heard back from the owner regarding September rent. Todd told us he believed the new owner was avoiding the situation, and that we probably would not have to worry about paying the rent. He also told us to expect a call from the property management company in the next few days about where to direct future rent payments.

Well, as of November 23, no one contacted us; and there is still a significant mold problem in the bathroom. I called Todd, and he was surprised the property management company had not contacted us. Shortly after that, my roommate received a call from someone at the company, we will call her Lulu. Lulu advised us that a bill was sent out for September rent. My roommate explained the situation, and Lulu said that her office and the new owner were unaware of any situation; in fact she wanted to find out why we did not pay the September rent. She advised us a bill was on the way; and that maintenance was going to call about the mold. I called Lulu to try to talk to her about the whole situation, but had to leave a message.

So, the questions become:

1) Can they legally go after September rent?

2) Is there a form we can request to verify the date of sale of the house?

3) What legal rights do we, the tenant, have in regards to the rent?

4) Our lease is up in January, if we threaten to move if they come after us, is that extortion?

5) Can a recently hired property management company come after September rent without verification of when the house was sold?

6) The mold - can we counter attack them about the mold? What avenues would we go through with regards to the mold?

7) This is a somewhat complex situation. Should I hire an attorney? If we have legal ground to not pay September rent, we do not intend to. That would cause quite the hardship this far after the fact. We also do not think they are entitled to the rent, especially considering it was end of September when we were told they owned the house.

8) We have been model tenants; no late rent before this incident, we care for and maintain the house as much as we can. While legally I suppose that does not matter, is that something we can bring up when talking to these people?What is the name of your state (only U.S. law)?

 

[FarmerJ]

Treat each thing as individual issue , as far as the mold goes, stop calling, take pics of any part of wall, flooring, trims, structural components that are being damaged by mold and have the shop who prints them date them , send new LL letter via certified mail about repair/mold complaints. Un paid rent make sure you still have that sept rent money avail. I would suggest you ask new LL if they would be willing to show you docs that show what date the property was sold. See normally when rental property is sold at the closing new owner is supposed to be given a credit for rents collected , so like if a property is sold on the 6th of month and tenant has already paid 1,000.00 rent to seller then at closing buyer is given a 1k credit against final dollar amount to reflect that rent. Someone is entitled to it so maybe the best thing is to make sure to not over spend so you still have sept rent money in your acct and only communicate in writing with new LL/ agent , no phone calls , If you think its a three ring circus so far then maybe your best option is to send written notice to them now that you will not renew your lease and be vacated by the last day of it. Also if your really curious you can learn from your county recorders desk when the property was transfered to the new owner. The repair issue you mention is not reason to refuse to pay rent. As far as who to pay , I think your best option is to make sure the money is available and use the links above to speak to a real estate atty in your area for guidance as to how new buyer should prove they are entitled to collect sept rent from you. You may assume the seller lost it but there could have been some kind of major disruption or illness that has simply delayed the seller from cashing it and if they manage to deposit it at a later date and funds are not there the seller could choose to sue you for it beside the mess that could occur from your own banks NSF policys.

 

[FountainSquare]

You may assume the seller lost it but there could have been some kind of major disruption or illness that has simply delayed the seller from cashing it and if they manage to deposit it at a later date and funds are not there the seller could choose to sue you for it beside the mess that could occur from your own banks NSF policys.

First off, a sincere thank you for the advice.

I should clarify on this last point; Chuck and Todd are both realtors who work in the same office. We know that none of the factors you suggest are in play. Chuck is fine, his family is fine, and work for Chuck has continued as normal through all of this.

 

[FarmerJ]

If it is brought up again then replace the check you once made out to the seller again with another made out to seller, seller can simply sign it over to buyer since they seem to be friends ,and stop payment on the first one Since this small circle of people and you seem to all know each others bus well enough. BUT take note , you will need paper trails if there is ever any legal problem between you and new LL that centers around having a proof of communication, INC when ever the time comes that you move out, communications that are written and sent via certified mail are part of paper trail. ( they might be in a realty business together BUT I can tell you when they transfered the property a good business choice would have been seller sending you formal notice ` John and jane Doe , I have sold the unit you rent at 1234 dracula drive to Igor Frankenstien on Sept 3rd 2009, Mr frankenstien will contact you) they each could have sent something to make it a easier transition.