Help!!! Advice needed

mgdbaa

New Member
What happens when you are a renter of a private home and the owner of this home has threats of forcloser? If the house is closed on, what happens to the renters? Do the renters have any rights or are they just thrown out on the street? My daughters landlord is in a different state. A man came to her home and told her that the house she lives in is under forcloser. She has been asking her landlord about it and to show her proof that the house is safe. He just keeps telling her its fine and demands his rent. She is confused as to what to do. She doesn't have a lease with her name on it or any lease of any kind. She wants to leave and just let him keep her security deposit. He will not except that and is threatening her to sue.

Mean while she still has not seen anything that tells her she will not be thrown out on the street becuase this man has failed to pay his mortgage. This is the 3rd time hes been under forcloser according to the internet.

Any advice I can give her?
 

sockgirl77

Well-Known Member
They're just thrown out on the street with no rights. Sucks, but that's the law. Once the landlord no longer owns the home the lease becomes null and void.
 

RoseRed

American Beauty
PREMO Member
What happens when you are a renter of a private home and the owner of this home has threats of forcloser? If the house is closed on, what happens to the renters? Do the renters have any rights or are they just thrown out on the street? My daughters landlord is in a different state. A man came to her home and told her that the house she lives in is under forcloser. She has been asking her landlord about it and to show her proof that the house is safe. He just keeps telling her its fine and demands his rent. She is confused as to what to do. She doesn't have a lease with her name on it or any lease of any kind. She wants to leave and just let him keep her security deposit. He will not except that and is threatening her to sue.

Mean while she still has not seen anything that tells her she will not be thrown out on the street becuase this man has failed to pay his mortgage. This is the 3rd time hes been under forcloser according to the internet.

Any advice I can give her?

If there is no lease, what grounds would he have to sue her on?
 
What happens when you are a renter of a private home and the owner of this home has threats of forcloser? If the house is closed on, what happens to the renters? Do the renters have any rights or are they just thrown out on the street? My daughters landlord is in a different state. A man came to her home and told her that the house she lives in is under forcloser. She has been asking her landlord about it and to show her proof that the house is safe. He just keeps telling her its fine and demands his rent. She is confused as to what to do. She doesn't have a lease with her name on it or any lease of any kind. She wants to leave and just let him keep her security deposit. He will not except that and is threatening her to sue.

Mean while she still has not seen anything that tells her she will not be thrown out on the street becuase this man has failed to pay his mortgage. This is the 3rd time hes been under forcloser according to the internet.

Any advice I can give her?


Tell her to demand a receipt for his mortgage payment or no rent will be coming his way.
 

BernieP

Resident PIA
What your daugher needs is an attorney. Before you say, "she can't afford one", a lot of places (the bar association) have programs where the first consult is free. At that time the lawyer could probably tell her what her options are.
To be honest if you have the facts straigh it doesn't sound like either of them are going to fair well in court. If there is no lease, then there isn't much he can sue over is there? No lease and she has no rights.
But my honest advice would be for her to see a lawyer ASAP to protect herself and her family.
 

Cowgirl

Well-Known Member
No lease?! Tell her to get packing. He can't sue if there's no lease. Please tell her to always sign a lease (for her protection)!! And she can kiss her deposit goodbye.
 

sockgirl77

Well-Known Member
What your daugher needs is an attorney. Before you say, "she can't afford one", a lot of places (the bar association) have programs where the first consult is free. At that time the lawyer could probably tell her what her options are.
To be honest if you have the facts straigh it doesn't sound like either of them are going to fair well in court. If there is no lease, then there isn't much he can sue over is there? No lease and she has no rights.
But my honest advice would be for her to see a lawyer ASAP to protect herself and her family.

If the house goes to foreclosure she has NO rights. The bank will own it and boot her out. A lawyer is a waste of time. She needs to spend her time and energy into finding a legit place to live. :yay:
 

BernieP

Resident PIA
Unless there was a receipt of deposit and a contract written up for it, she has no ground to stand on.

The point being, if you read the "request for advice", that the "landlord" has threatened to sue if she walks away.
In a way you want to tell her to stop paying the creek any more rent and quickly look for a new place. Then walk and forget about her security deposit.
But apparently he's got her frozen in place because of his threat to sue her, she needs to know for sure what she can and cannot do and what others might do to her. She needs to be able to make an informed decision, not one based on a fear.
 

Cowgirl

Well-Known Member
The point being, if you read the "request for advice", that the "landlord" has threatened to sue if she walks away.
In a way you want to tell her to stop paying the creek any more rent and quickly look for a new place. Then walk and forget about her security deposit.
But apparently he's got her frozen in place because of his threat to sue her, she needs to know for sure what she can and cannot do and what others might do to her. She needs to be able to make an informed decision, not one based on a fear.

He can't sue her if there's no lease. IMO, she should pay rent until she finds another place to live.
 

RoseRed

American Beauty
PREMO Member
The point being, if you read the "request for advice", that the "landlord" has threatened to sue if she walks away.
In a way you want to tell her to stop paying the creek any more rent and quickly look for a new place. Then walk and forget about her security deposit.
But apparently he's got her frozen in place because of his threat to sue her, she needs to know for sure what she can and cannot do and what others might do to her. She needs to be able to make an informed decision, not one based on a fear.

He certainly can't sue her for breaking the nonexistent lease.
 

BernieP

Resident PIA
He can't sue her if there's no lease. IMO, she should pay rent until she finds another place to live.

He certainly can't sue her for breaking the nonexistent lease.

We all might agree but based on what was written she's afreaid to test that out. Hell, If he's not paying his mortgage then I'd tell her to save the rent (until he cn prove he's not in default) and use it for the security deposit on the next place (because it would appear she's not getting anything back here)

BUT we don't know all the facts, we don't know the law. She may have rights (with or without a signed lease). At the worst she would know her rights and not have to deal with unfound fears for the landlord.

Don't say "can't" either. He can, he might not be successful but he can file a suit. He can take her to small claims court. He may have no grounds but it's a nuciance she would have to deal with. You never know, one letter from the lawyer to her landlord might be all she needs.
 
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Cowgirl

Well-Known Member
We all might agree but based on what was written she's afreaid to test that out. Hell, If he's not paying his mortgage then I'd tell her to save the rent (until he cn prove he's not in default) and use it for the security deposit on the next place (because it would appear she's not getting anything back here)

BUT we don't know all the facts, we don't know the law. She may have rights (with or without a signed lease). At the worst she would know her rights and not have to deal with unfound fears for the landlord.

Don't say "can't" either. He can, he might not be successful but he can file a suit. He can take her to small claims court. He may have no grounds but it's a nuciance she would have to deal with. You never know, one letter from the lawyer to her landlord might be all she needs.


So, what would the landlord sue her for?
 

mgdbaa

New Member
We all might agree but based on what was written she's afreaid to test that out. Hell, If he's not paying his mortgage then I'd tell her to save the rent (until he cn prove he's not in default) and use it for the security deposit on the next place (because it would appear she's not getting anything back here)

BUT we don't know all the facts, we don't know the law. She may have rights (with or without a signed lease). At the worst she would know her rights and not have to deal with unfound fears for the landlord.

Don't say "can't" either. He can, he might not be successful but he can file a suit. He can take her to small claims court. He may have no grounds but it's a nuciance she would have to deal with. You never know, one letter from the lawyer to her landlord might be all she needs.
I told her to open a seperate bank account and deposit that money just in case. Then she could show a judge that she had every intent to pay it when he showed proof. Now that hes threatening her, I said don't pay anymore. Let him keep the deposit and go. If he wanted to sue, he would start something instead of threatening her. No lease exists so he can prove anything or that she even lived there. She only had an account number that she would deposit money into each month. Her name isn't on anything that states he had a lease for her. I think she should just pack and go now. This is her first time with renting like this, she is young and just had a baby, so she is scared of just rolling out. She wants to be responsible and I am happy for that, but this man doesn't care what happens to her and her family, as long as he has his money. For all we know, she can pay him, and then the bank show up and say get out. Now she has not money or security deposit back.
 

Cowgirl

Well-Known Member
I told her to open a seperate bank account and deposit that money just in case. Then she could show a judge that she had every intent to pay it when he showed proof. Now that hes threatening her, I said don't pay anymore. Let him keep the deposit and go. If he wanted to sue, he would start something instead of threatening her. No lease exists so he can prove anything or that she even lived there. She only had an account number that she would deposit money into each month. Her name isn't on anything that states he had a lease for her. I think she should just pack and go now. This is her first time with renting like this, she is young and just had a baby, so she is scared of just rolling out. She wants to be responsible and I am happy for that, but this man doesn't care what happens to her and her family, as long as he has his money. For all we know, she can pay him, and then the bank show up and say get out. Now she has not money or security deposit back.


I'm all for being responsible too, but in this case I'd pack go and leave no forwarding address,.
 

Baja28

Obama destroyed America
Find another place to live and don't pay rent to cover her deposit. Easy Peasy.
That'll be $350.00

Baja28 ESQ
 
C

CalvertNewbie

Guest
We all might agree but based on what was written she's afreaid to test that out. Hell, If he's not paying his mortgage then I'd tell her to save the rent (until he cn prove he's not in default) and use it for the security deposit on the next place (because it would appear she's not getting anything back here)

BUT we don't know all the facts, we don't know the law. She may have rights (with or without a signed lease). At the worst she would know her rights and not have to deal with unfound fears for the landlord.

Don't say "can't" either. He can, he might not be successful but he can file a suit. He can take her to small claims court. He may have no grounds but it's a nuciance she would have to deal with. You never know, one letter from the lawyer to her landlord might be all she needs.

I agree with you on all points. If the slumlord isn't paying the mortgage, he'd be pretty ballsy to try to bring any sort of financial matter to court. Especially if there was no lease. Of course, we've seen stranger things happen. I don't claim to be a lawyer so I may be missing something here.

If there is no written lease, I don't see how he could have any legal standing against her but he certainly could inconvenience her by taking her to court. She could just say that they agreed to a month to month lease and she stopped paying when she moved out. Personally, I'd save the rent money and get the heck outta there as soon as I could. I wouldn't pay him another dime.
 
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