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Okay, we need to compartmentallize here: 1. The house is being foreclosed 2. There are things that need to be fixed here and the landlord promised to fix them Issue number 1 is between the landlord and his lender, not the tenant. So as long as the landlord has control of the property, he still can collect rent from the tenant and evict the tenant for non-payment of the rent or for other violations of the terms of the lease. Issue number 2 is between the tenant and the landlord. If the tenant needs repairs to the home that is vital to living in the home, such as water heater problems, then the tenant has the option of having the item(s) repaired and the rent offset by those expenses, or terminating the lease by moving out if the situation is inconducive to living in the unit. If the tenant chooses to repair the items then he must give the landlord a notice of at least seven days before the next rent is due that he will do such repairs and offset the rent accordingly. The tenant must then turn in receipts to the landlord in the amount of expenses, and pay the remaining amount of rent. The repair must not be frivolous, and of reasonable costs. The tenant may not charge for his own labor.
What else can I help you with?
What are your rights if the building where you are renting the apartment is foreclosed?
If your property is foreclosed, either you have the same landlord until the property actually changes hands, or you have a new landlord who can exercise his own rules, including evictions. If your landlord still has control over the property he can still collect rent, and he can still evict you if you don't pay it. When the new landlord takes over you must follow that landlord's instructions for rent payment or vacating the premises.
Does a landlord have the right to collect rent on a home with a notice of default?
As long as the landlord is in legal possession/ownership of the property and as long as you are residing on/in his property, yes. His notice of default has no legal effect of putting a "stay" on your payment of rent.
What happens if your landlord's house is foreclosed?
As long as your landlord has control of the property he still has the right to collect rent: whether the house is foreclosed is between your Landlord and his mortgage lender. If the property is taken over by the mortgage lender they may ask you to leave. There may be some form of protection available for you, the Tenant, before you are forced to leave. Get legal assistance as soon as you learn about the foreclosure so that you can be prepared for what's next. You may or may not be required to leave soon.
Can you sue a property manager if he does not collect rent?
Generally there is no point in suing a property manager for not collecting rent. It should be noted that the tenant is responsible for paying his rent on time. It is not the responsibility for the landlord to collect the rent. If the landlord does not collect rent and the tenant should send it to the landlord by mail or in person.
Can a landlord continue to collect rent if title to the property has been transferred to a trustee?
I wouldn't think so, since the landlord transferred the land to a trustee the "landlord" couldn't have that title anymore, the trustee would so the trustee would collect the rent instead of the "old" landlord On the other hand you should ask if the "landlord" has been appointed the agent and property manager for the property owner. That appointment must be in writing and recorded in the land records. In that case they certainly may collect the rent.
How long can a second mortgage company try to collect on a foreclosed loan?
This answer will vary by state and depends on the situation. In one-action states such as California, if a lender foreclosed they cannot pursue the borrower further. If a first foreclosed the second is free to persue the borrower. In California the statute of limitations for collection of a debt is 7 years.
Can a landlord collect rent on bankrupt home when he has not been making payments to bank?
That would be a matter that's between the landlord and the lender or bankruptcy trustee, not the tenant. As long as the landlord has control of the property he still has the right to collect rent and evict you if the rent isn't paid. If the property is taken over by a new entity, that entity becomes your landlord and they will give you further instructions.
Can 2nd mortgage collect after auction?
No. Once the first mortgage or deed of trust is foreclosed, the second mortgage and any inferior liens are voided.
Can landlord evict for confronting about forecloser?
No. You have the right to ask questions about this matter as every tenant who faces the uncertainty of his landlord being under foreclosure. But remember: as long as the landlord has control of the property he can still collect rent from you and evict you if you don't pay it.
Why is my landlord knocking at my door?
Your landlord may be knocking at your door for various reasons, such as to discuss a maintenance issue, collect rent, or address a concern about your tenancy. It is important to communicate with your landlord to understand the reason for their visit and address any issues promptly.
If a tenant lives in a property where a landlord has a bankruptcy and does not reaffirm the loan what happens?
As long as the landlord still has control over the property he has the right to collect rent on it and evict non-paying tenants.
What if new landlord wants more money after you have signed a lease?
In some states the lease must be honored by the new landlord, while in others the new landlord may be free to make whatever changes he wants, such as collect more money for deposit.
