Help!!! Advice needed

[chernmax]

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.

This is good advice, it sucks but out you go!

 

[Cowgirl]

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)

Well, if that was true, when I sued my former landlord I would have won, but I didn't because the judge said there was no lease.

 

[mgdbaa]

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?

No, if she doesnt pay Novembers rent, then she can use it for a security deposit on a new place. If she pays the rent for November, she would still move but chances are he will not give her the deposit back. Thats what she is worried about. She just wants him to keep her deposit and move on. But he says no, he will take her to court.

Also the house was up for auction on November 3 at 1pm on the front steps. That was a notice from the clerk .

 

[Baja28]

No, if she doesnt pay Novembers rent, then she can use it for a security deposit on a new place. If she pays the rent for November, she would still move but chances are he will not give her the deposit back. Thats what she is worried about. She just wants him to keep her deposit and move on. But he says no, he will take her to court.

Also the house was up for auction on November 3 at 1pm on the front steps. That was a notice from the clerk .

Take her to court based on what? Without a lease, there's no termination date. She can haul ass anytime she wants.

If he's already in foreclosure, he doesn't have money to sue her.

 

[dachsom]

No, if she doesnt pay Novembers rent, then she can use it for a security deposit on a new place. If she pays the rent for November, she would still move but chances are he will not give her the deposit back. Thats what she is worried about. She just wants him to keep her deposit and move on. But he says no, he will take her to court.

Also the house was up for auction on November 3 at 1pm on the front steps. That was a notice from the clerk .

Something else she needs to do---make sure that on move-out day, you take pictures of everything--and I mean everything---carpets, walls, rooms, light fixture, yard, the works. Make sure that you do a walk-thru with the landlord just before you hand over the keys. With this guy in forclosure you can bet he will try to nail you for every little scratch in the house,

 

[chernmax]

Something else she needs to do---make sure that on move-out day, you take pictures of everything--and I mean everything---carpets, walls, rooms, light fixture, yard, the works. Make sure that you do a walk-thru with the landlord just before you hand over the keys. With this guy in forclosure you can bet he will try to nail you for every little scratch in the house,

Why would he try and nail her for every little scratch in the house when the home is in forclosure, he's not selling it, the bank is taking it!

 

[BernieP]

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?

which is why I keep saying - SEE A LAWYER!!!!!!!

 

[ski357]

Let us not forget William Zantzinger.

The Lonesome Death of Hattie Carroll - Wikipedia, the free encyclopedia

 

[dachsom]

Why would he try and nail her for every little scratch in the house when the home is in forclosure, he's not selling it, the bank is taking it!

ok then---if the bank comes in and finds damages they can go after the landlord who will probably blame the tenants therefore deposit will be held for repairs and tenant will still owe last months rent. Just a thought.

 

[chawk]

SUZ has the best advice

Don't any of you watch TV judge shows. This type of case (baring the foreclosure issue) is judged all of the time.

A verbal agreement is just that, a verbal agreement. So now, it comes down to one persons word against another.

In this case it's easy, the landlord can say that they had a verbal agreement for a month to month lease and that the rent was $1200 dollars per month. Then the landlord produces evidence (bank statements, copies of the cashed checks, receipts, etc.) to demonstrate, that sure enough your daughter has been paying him $1200 monthly for the last several months. Case closed. How can your daughter dispute that?

The foreclosure issue is not germane to this case as it has nothing to do with the month to month verbal agreement the landlord has with the daughter. How the landlord spends the money, is not part of the month to month lease agreement. All he has to do is give her thirty days notice, and she is out on the street anyway.

As for the foreclosure aspect, yep your daughter is screwed. If he is a total dirtbag (and it sounds as if he is) he will keep taking her rent and not pay the mortgage right up until foreclosure. Then the sheriff willcome and "help" her move into the street. He will also keep the deposit, until she sues him for it. Good luck collecting it.

If he is less of a dirtbag, he will keep collecting her rent right up until foreclosure. But he will give her thirty days notice to vacate prior to the bank taking over, just like required on a month to month lease. Then return the deposit (yea right). That way he is legally covered when dealing with his tenant.

It's a crappy deal. I believe that some states are looking at laws to protect renters from dirtbag situations like this, as it seems to be more and more common.

 

[Animal]

This is the text from the newly passed federal law protecting tenants who are dealing with landlord foreclosure.

TITLE VII--PROTECTING TENANTS AT FORECLOSURE ACT
SEC. 701. SHORT TITLE.
This title may be cited as the `Protecting Tenants at Foreclosure Act of 2009'.

SEC. 702. EFFECT OF FORECLOSURE ON PREEXISTING TENANCY.
(a) In General- In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to--
(1) the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and
(2) the rights of any bona fide tenant, as of the date of such notice of foreclosure--
(A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90 day notice under paragraph (1); or
(B) without a lease or with a lease terminable at will under State law, subject to the receipt by the tenant of the 90 day notice under subsection (1),
except that nothing under this section shall affect the requirements for termination of any Federal- or State-subsidized tenancy or of any State or local law that provides longer time periods or other additional protections for tenants.
(b) Bona Fide Lease or Tenancy- For purposes of this section, a lease or tenancy shall be considered bona fide only if--
(1) the mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant;
(2) the lease or tenancy was the result of an arms-length transaction; and
(3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit's rent is reduced or subsidized due to a Federal, State, or local subsidy.
(c) Definition- For purposes of this section, the term `federally-related mortgage loan' has the same meaning as in section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602).

 

[BernieP]

nice work by some for citing law but you are making my case that she seek the advice of a real lawyer, not someone who has played one on tv or just stayed at a Holiday Inn Express.

 

[Animal]

nice work by some for citing law but you are making my case that she seek the advice of a real lawyer, not someone who has played one on tv or just stayed at a Holiday Inn Express.

Check my earlier posting and you will see that the first words I posted was to contact a lawyer.

You're welcome.

 

[smilin]

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.

Tell her to save her previous receipts and find another place to live - quickly.
I would get a lawyer's advice just to be on the safe side also.

 

[mgdbaa]

Don't any of you watch TV judge shows. This type of case (baring the foreclosure issue) is judged all of the time.

A verbal agreement is just that, a verbal agreement. So now, it comes down to one persons word against another.

In this case it's easy, the landlord can say that they had a verbal agreement for a month to month lease and that the rent was $1200 dollars per month. Then the landlord produces evidence (bank statements, copies of the cashed checks, receipts, etc.) to demonstrate, that sure enough your daughter has been paying him $1200 monthly for the last several months. Case closed. How can your daughter dispute that?

The foreclosure issue is not germane to this case as it has nothing to do with the month to month verbal agreement the landlord has with the daughter. How the landlord spends the money, is not part of the month to month lease agreement. All he has to do is give her thirty days notice, and she is out on the street anyway.

As for the foreclosure aspect, yep your daughter is screwed. If he is a total dirtbag (and it sounds as if he is) he will keep taking her rent and not pay the mortgage right up until foreclosure. Then the sheriff willcome and "help" her move into the street. He will also keep the deposit, until she sues him for it. Good luck collecting it.

If he is less of a dirtbag, he will keep collecting her rent right up until foreclosure. But he will give her thirty days notice to vacate prior to the bank taking over, just like required on a month to month lease. Then return the deposit (yea right). That way he is legally covered when dealing with his tenant.

It's a crappy deal. I believe that some states are looking at laws to protect renters from dirtbag situations like this, as it seems to be more and more common.

I think she should pack and go.

1. She has never recieved an actual lease
2. She deposits money into an account that he provided
3. Her name does not exist on any of the deposits made to his account
4. He has no proof that my daughter is who she says she is ( they have never met face to face )
5. They have texted and emailed back and forth ( none of these texts or emails imply there is a lease ), texting and emails consist of her asking him questions about his home.

I mean, really, she could just leave and not be found by him. He has no ss number on her, an id of some sort. The first time I rented a place, my landlord made a photo copy of my license and ss number as part of my application. Probably for possible reasons of not paying my rent.

I think if he has no personal info on her, she should roll out.

 

[chawk]

Gives her 90 days to vacate

The law gives her 90 days to vacate after foreclosure. That's even better than the 30 days normally required under the month to month.

So she can relax and look for a place at her leisure, as long as she keeps paying the dirtbag his rent.

Personally, I think she needs to get away from the whole shady deal and get a real place with a real lease.

 

[somdrenter]

The law gives her 90 days to vacate after foreclosure. That's even better than the 30 days normally required under the month to month.

So she can relax and look for a place at her leisure, as long as she keeps paying the dirtbag his rent.

Personally, I think she needs to get away from the whole shady deal and get a real place with a real lease.

In addition....if she just wants/needs to stay.....find out who holds the mortgage. Fannie/Freddie have started renting back foreclosures to the previous "owners" for up to one year at market rent. Who knows; if she can show that she has been faithfully paying the rent, they may even rent it back to her, possibly at a lower rate, rather than having yet another house on the market.