Help!!! Advice needed

[mgdbaa]

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

Thats what I said. Now hes emailing her and trying to trap her into saying there was an agreement. I told her not to reply, or she can reply but simply state that there is not a lease and he can keep her deposit.

 

[CalvertNewbie]

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

Yep, absolutely. She should start looking for a new place asap. And with the slumlord being out of state, he'd come back to a vacant house with foreclosure notices all over it. If the OP's daughter never wrote a check or left any sort of paper trail, nothing can really be proven. It's almost as though she never lived there, unless of course utilities are in her name. Then there's proof that she lived there but still no lease to prove any terms.

I bet this situation has become more and more common in the past year.

 

[Baja28]

Thats what I said. Now hes emailing her and trying to trap her into saying there was an agreement. I told her not to reply, or she can reply but simply state that there is not a lease and he can keep her deposit.

My legal advice is NOT to reply and NOT to pay her last months rent.

Do as CowGirl suggested, pack go and leave no forwarding address.

That'll be another $350.00

Baja28 ESQ

 

[mgdbaa]

I told her to read all of your comments. So far I see more of get out of dodge then I do to pay and stay. I love you Di Di. I hope everyone is helping you to decide what to do. Follow your what your gutt tells you. If there isn't a trace of your name, you cant sue a goast. Right Casper?

 

[Cowgirl]

My legal advice is NOT to reply and NOT to pay her last months rent.

Do as CowGirl suggested, pack go and leave no forwarding address.

That'll be another $350.00

Baja28 ESQ

I get half.

 

[mgdbaa]

Yep, absolutely. She should start looking for a new place asap. And with the slumlord being out of state, he'd come back to a vacant house with foreclosure notices all over it. If the OP's daughter never wrote a check or left any sort of paper trail, nothing can really be proven. It's almost as though she never lived there, unless of course utilities are in her name. Then there's proof that she lived there but still no lease to prove any terms.

I bet this situation has become more and more common in the past year.

She roomates with another couple. I think utilities are included. If not, they are split. But there not in my daughters name. Again, it all seems to be cash handed over.

 

[Baja28]

I get half.

Not after that Gibbs smack you gave me!

 

[Cowgirl]

Not after that Gibbs smack you gave me!

Better? You owe me half.

 

[mgdbaa]

Ok, they have emailed back and forth in the past, but these emails do not mention a lease of any kind. She emails him about the forclosers and a stove not working. Really nothing that proves a lease, but that would prove she did live there. Actually the emails do not have an address of the home she lives in. So what home would he be talking about without a lease, reciept or anything that says she lived in that home?

 

[Cowgirl]

Ok, they have emailed back and forth in the past, but these emails do not mention a lease of any kind. She emails him about the forclosers and a stove not working. Really nothing that proves a lease, but that would prove she did live there. Actually the emails do not have an address of the home she lives in. So what home would he be talking about without a lease, reciept or anything that says she lived in that home?

Even if they can prove she did live there, he still cannot hold her to any type of lease agreement if she never signed anything.

 

[dachsom]

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?

I am on a month to month with my landlord. I found a site that my have answers to some of your concerns. From my understanding, following my dog bite last March, a month to month is considered an oral agreement and the laws apply just the same. A 30-day notice, even by the forclosure bank is required. To evict someone, even if they are just a roommate, you still have to go to court to get an order.
I hope this helps but you may still want to talk to an attorney.

Lease in Maryland

 

[Suz]

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 becse 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?

1. no lease he can not sue her. But she best be sure there is no "implied" agreement. Verbal or otherwise. In actuality she DOES have a lease but it is month to month if there are not any other written or implied agreements between her and the landlord for a longer period of time. And do not reply to any emails.

2. Withhold your rent if you can prove the impending foreclosure. This should fall into the category of what is called a "constructive eviction". Constructive eviction is: "Actions of a landlord that so materially disturbs or impairs a tenant's enjoyment of the leased premises that the tenant is effectively forced to move out and terminate the lease without liability for any further rent" (quoted from Modern Real estate practice). I would hold the rent and only pay for the actual days I was in the house AFTER I move out.

3. Start packing and be prepared to move ASAP. But be aware that foreclosing on a home can take months. There are laws in place to protect her from being thrown out on the streets. IF she had a lease, the financial institution holding the mortgage has to obligation to let it run it's course. Therefore, since she is month to month they have to give her 30 days to move out.

Hope this helps.

 

[CalvertNewbie]

Even if they can prove she did live there, he still cannot hold her to any type of lease agreement if she never signed anything.

True, she could have just been temporarily staying there for a couple of months while finding a more permanent place to live. I'm trying to put myself in both shoes here.

- if I was the tenant I'd be packing, quickly finding a new apartment, not paying another dime. The security deposit would be covering my last month's rent. Like Cowgirl had stated, I'd give no forwarding address. How much is the landlord, living out of state, gonna really go through when he's a loser who doesn't even pay his bills?
- if I was the landlord who no longer bothered to pay my mortgage and my house was about to be taken by the bank, I wouldn't have the nerve to try and sue anyone. I doubt a judge is going to feel any sympathy for him.

 

[mgdbaa]

True, she could have just been temporarily staying there for a couple of months while finding a more permanent place to live. I'm trying to put myself in both shoes here.

- if I was the tenant I'd be packing, quickly finding a new apartment, not paying another dime. The security deposit would be covering my last month's rent. Like Cowgirl had stated, I'd give no forwarding address. How much is the landlord, living out of state, gonna really go through when he's a loser who doesn't even pay his bills?
- if I was the landlord who no longer bothered to pay my mortgage and my house was about to be taken by the bank, I wouldn't have the nerve to try and sue anyone. I doubt a judge is going to feel any sympathy for him.

See in my opinion, Don't make threats. Just do it. Right? I figured if he was really going to sue her, she wouldn't take the time to tell her that would he? He would just do it. She put her rent money in an account to hand over just in case. Until then, she is packing but still afraid of him coming after her. The house may be safe, but she doesn't know that. She said there are still notices coming in the mail for him about forcloser. She went to the court house and they wont tell her anything other then to show up on the auction day and see if the address is on the list or something like that. I feel bad for her. She doesn't want to screw him. She just wants him to accept the security deposit as Novembers rent and she would be out by the end of the month. He will not except that, which tells me, he is not planning on giving her the deposit back.

 

[Animal]

Have her consult a lawyer, she could still be liable for rent due even if there is no lease. As to the foreclosure I think Maryland passed a new law requiring the posting of the forclosure notice on the property so that renters are made aware of the impending action. Also I think that there is a federal law were a lender who takes possession of a property or a new owner who buys the building at auction has to let a tenant stay for 90 days from the sale or the remainder of their old lease, whichever period is longer. A lawyer would know these things, have her ask one.

 

[CalvertNewbie]

See in my opinion, Don't make threats. Just do it. Right? I figured if he was really going to sue her, she wouldn't take the time to tell her that would he? He would just do it. She put her rent money in an account to hand over just in case. Until then, she is packing but still afraid of him coming after her. The house may be safe, but she doesn't know that. She said there are still notices coming in the mail for him about forcloser. She went to the court house and they wont tell her anything other then to show up on the auction day and see if the address is on the list or something like that. I feel bad for her. She doesn't want to screw him. She just wants him to accept the security deposit as Novembers rent and she would be out by the end of the month. He will not except that, which tells me, he is not planning on giving her the deposit back.

I'd think the same thing about the security deposit. He's probably using the rent money from this house to pay the mortgage on the house he actually lives in. If there are foreclosure notices coming to the house, he is definitely not paying the mortgage there. Although foreclosures take a while, the fact remains that it's a matter of time until your daughter is told to pack her things and get out. Better to be proactive and find another place asap. Your daughter sounds like a financially responsible person who is trying to do the right thing. What a nightmare, especially with a child to be concerned about.

 

[CalvertNewbie]

Have her consult a lawyer, she could still be liable for rent due even if there is no lease. As to the foreclosure I think Maryland passed a new law requiring the posting of the forclosure notice on the property so that renters are made aware of the impending action. Also I think that there is a federal law were a lender who takes possession of a property or a new owner who buys the building at auction has to let a tenant stay for 90 days from the sale or the remainder of their old lease, whichever period is longer. A lawyer would know these things, have her ask one.

Probably a very good idea. All of us on here know what we would probably do in her situation. And we know what we'd like to think the outcome would be. But we're not lawyers and I would hate for her to make a decision based on what we THINK instead of what a lawyer would KNOW.

 

[SEABREEZE 1957]

Back in my Navy days, in Whidbey Island - we 'looked' at a place for rent, said we were interested but still looking. The guy said, well lots of people are 'interested' in my little hell hole, you need to give me a deposit to keep your name on my list & if you don't get back to me within 7 days the deposit is mine. Dumbazzes that we were at the time, I wrote a check. We found a better place in less than 7 days & I called and told the guy I wanted my $$ back - he said tough ####, that was your deposit to hold your name, if you don't move in you lose your money.

I was so pizzed at the principle of the whole damn thing - I took the azz to court. I tried to put a hold on the check, and he had already cashed it (in fact the day I wrote it). I didn't win. He said blah, blah, blah about how he lost renters while 'holding' it for us. I knew he was lying because the place did not rent for over 3 months after we informed him we were no longer interested.

BTW - this was all 'verbal'. Big mistake #1 - get everything in writing.

I reported him to the BBB, the housing office, every damn forum available to the area, and also wrote a letter to the newspaper. I didn't win the small claims court, but I'm pretty sure I helped to make his name mud. He no longer rents in that area, but I'm sure he's alive and still scamming people somewhere.

I highly recommend she seeks legal advice.
If she's struggling financially many lawyers will help for nothing or very little.​

 

[BadGirl]

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

A lease for a term of 1 year or less is valid whether it is written or oral, but any lease for more than 1 year must be in writing and signed by the person creating it if it is to be enforceable. (Md. Code, Real Property, Sections 5-101 and 5-102)

In other words, if she's been there for less then a year, he's got an enforceable lease.

What I don't understand, if she's worried about foreclosure and losing her rental, how is her not paying her rent going to help?? You think her NOT paying her rent will prevent the foreclosure?

 

[Baja28]

A lease for a term of 1 year or less is valid whether it is written or oral, but any lease for more than 1 year must be in writing and signed by the person creating it if it is to be enforceable. (Md. Code, Real Property, Sections 5-101 and 5-102)

In other words, if she's been there for less then a year, he's got an enforceable lease.

What I don't understand, if she's worried about foreclosure and losing her rental, how is her not paying her rent going to help?? You think her NOT paying her rent will prevent the foreclosure?

My advice was not to pay the last months (before she moves out) to reimburse herself for her security deposit.

Baja28 ESQ. ou812BR549