Forecloser

I am not a lawyer but to be on the legal safe side and for being a decent ethical person... say pay your rent as you agreed to do in your rental contract.

Today, the property is still owned by the person in foreclosure. You are legally bound to pay them based on your rental agreement. Their status of being in foreclosure likely has no bearing on your rental contract.

The person who should be getting your rent can (and likely will since they are in dire financial straits themselves) pursue you to get paid after they get the foreclosure behind them.

I wouldn't -- but I would find someplace to live ASAP. Put your rent money aside for deposits. Don't spend it and have a modest Christmas. Be prepared to move. I would send a certified letter to my landlord saying I am witholding rent in light of the notification the property has gone unpaid for and you question his ability to return your deposits. Make sure you keep a copy of this letter and the proof he signed for it.

Eviction laws are different by state and your contract. Some states you cannot evict during winter months, for instance. Google around and check your state laws. You might see if there is a housing commission resource that you can run your questions by for free.

If you like your house you might contact the bank about buying it as a short sale :) This stops it from going into foreclosure and lets you buy the house significantly under value - usually for the remaining balance on the loan.

If you are unsure at all you should find a lawyer to ask these questions to, as this could leave your family homeless in short order.

You will most likely have to move when the home gets sold at auction. This same exact thing happened to a blogger and she tells what happened and gives lots of advice on what you can do, it might help you:

http://www.thenester.com/2009/04/is-your-rental-in-forecl...

Im an attorney in Texas, and I second the last post. Most states have a 30 day eviction law, but you'll want to check yours for sure. If you rent from a person as opposed to a property mgmt company, its doubtful they have the money to go to court for eviction when they can't even pay the mortgage. However, keep in mind it is VERY VERY common the house is saved up to minutes before the Trustee Sale. So, if the house is saved by the landlord, you don't want to be in a position that you can't catch up on rent because you blew it.
In light of it all though, I would look for a term in your lease which allows you to break it in the event the landlord defaults on his mortgage. You don't want to be in this same situation as thousands of renters are right now not knowing from one minute to the next if their land lord's bank is going to pull the house out from underneath you!

I work for a property management company in Arizona and have a real estate license. If your lease is for a term (6 months, 1 year, etc) and not a month-to-month lease, you legally have the right to remain in the house until the lease expires, as long as you continue to pay rent and do not breach the lease agreement. A provision could be written into your lease allowing the landlord to terminate due to a sale or other transfer of ownership though, so read the lease to find out what your rights are. If you choose not to pay the rent, the landlord can give you a 5 day notice to pay rent or quit, and if you don't pay rent within those 5 days they can take legal eviction action. It is not a lengthy process like some other posters have commented. After those 5 days, if an eviction action is taken, you could be required to vacate the property within 21 days. If I were you, I would contact the landlord and find out what is going on. If they are not willing to let you know what is going on with the foreclosure, try to contact the mortgage company or the bank who is foreclosing. Since this owner seems to not be able to pay their mortgage, despite the fact that you have been paying them rent, I would start looking for another place to live so when your lease expires you are prepared. The instability of your landlord is not condusive to your well-being and your right to enjoy your home peacefully. Not to mention, the new owner may not renew your lease when it expires because they could have other plans for the property such as living there themselves, renting to someone else or re-selling the property.

If the house is going into foreclosure, you may have to move, and if the land lord claimed bankruptcy this could effect any deposits you paid. You need to talk to a professional about this.

I'm happy you to here you won't be another victim in the foreclosure crisis. We had something the same thing happen to us and we were forced to move within 3 weeks time. Since then Arizona has passed a law that allows renters of foreclosed homes 90 days to move.

Legally they have to give you 30 days even if your lease says less. If I were in your situation and someone was selling the house I lived in out from under me, I would not pay them and take that money to put towards a new place. My opinion may not be "right" but that's what I would do! Best of luck to you!

Not sure what will happen at foreclosure, but the bank and the landlord might want you to stay there to keep the unit occupied which lessens the chances of someone coming in and damaging the property.

I find it hard to believe that your landlord can come after you for any rent when they are no longer making their mortgage payments and are this close to foreclosure. It feels unethical that they would even be charging you to begin with and pocketing that money while short-changing the bank. (not that I would EVER feel sorry for a bank). This is probably the wrong place to come for legal advice, but I would certainly think twice before giving them another dime.

Most of these posts are way off...I work as a legal secretary for a lawyer who specializes in real estate law. I spend a lot of time working with this every day. That being said, I am NOT a lawyer, and am in no way qualified to give legal advice. (I am required to give that as a disclaimer.)

You need to google Arizona Landlord Tenant Act and read it through. It is a relatively new law in Arizona. It states that when a home forecloses, the new owner (whether it be an individual or a bank) MUST honor the lease agreement. This act was specifically put in place so that renters would not be kicked out if the owner was foreclosed upon. If your lease has expired, or you are on a month-to-month lease, you will have the same provisions as required in the lease agreement (read it, it is usually a 30 day notice). If you don't vacate after that, they are required to get a Forcible Detainer to get you to move out, which would involve going to court several weeks later, then being kicked out. Understand that if they get a Forcible Detainer, you may be liable for legal fees.

Some banks are willing to work with renters, and many more now than you would think. They may be willing to let you live there indefinitely so long as you pay the rent and are good renters. I have even known some banks to lower the rent to keep people in the house. If it were me, I would wait until the day after the trustee's sale and call the bank to find out who the new owners are and if they are going to let you stay. If you communicate with them, they will be more willing to work with you.

As far as whether or not to pay your rent now, some people would and some wouldn't when in your situation. If the current owner redeems (pays up) and the trustee's sale doesn't happen, or it is postponed (which happens all the time), the current owner could try to kick you out for not paying. Again, they would have to get a Forcible Detainer if you don't move out when asked. So there are a lot of "what if's" if you choose to skip your rent payment. Best of luck to you!

i believe its 30 days and then the police can kick you out

I would contact the owner or property manager and find out when he/she expects you to be out due to the foreclosure. Then calculate what you'd owe for those days this month. That way, the owner can't come after you for due rent. In the meantime, I'd be actively looking for a new place to live since you'll need to be out very soon.

It will take them a long time to evict you but check the Arizona laws before you take my post as advice.

In California, my husband and I were resident managers of an apartment complex. While I was in class (we were also in college) my husband showed someone the apartment and she asked him for the keys to the mailbox (supposely she had already had mail sent there). Stupidly, he gave her the keys. Just by giving her the keys, we became 'in contract' with her to lease the apartment. She never once paid rent and lived there for at least six months.

So the question becomes, do you want to add to the tangled mess of legality? On one hand, you have been paying your rent and your landlord should have been using that money to pay their mortgage on that property so now you are in a pickle and will probably need to move. It's not really fair to you. On the other hand, you did sign a legal contract promising to pay each month.

I would research your legal options and then sit down and figure out what 'feels right' to you.

Good luck!

Be very certain its not an advertisement or empty threat from a lawyers office. If you rent your home and the owners are paying the taxes they might be late in paying, or behind, and are getting targeted by the school district or house hunters.

I'd pay the rent. They have to give you 30 days notice when asking you to move out. And.......it takes time for the sale to finalize. I'd guess you have at least 2 months before they MIGHT ask you to move. You don't know. The person who buys the house may keep it as a rental and you won't have to move at all.

I suggest that you talk with the people who have foreclosed on the property to see what is specifically planned at this point. I suppose they can ask you to move but again, they have to to give you at least 30 days written notice.

If you don't pay your rent the rules for eviction may be different tho I know they have to go thru a court process. But if you want to remain in the house I urge you to pay the rent. Since money is tight you may be able to arrange to pay part later by talking with the company/person who has foreclosed. To protect yourself treat paying rent just as if the property wasn't in foreclosure.