Renter Obligations when Mortgage is NOT Being Paid

A common question I get from folks who have called my office recently is whether a renter must continue to pay rent if the landlord is not paying his/her mortgage.

Actual Question: "Am I obligated to pay rent if the homeowner isn't paying the mortgage? The mortgage has not been paid since December. The management company is aware and still requires the [rent] to be paid."

My Answer:

Yes, you are still obliged to pay rent. If you do not, then you can be evicted. If you have a bona fide written lease then even if the property is foreclosed upon your lease will still be valid against the bank or the new owner until the end of the existing lease term unless the property is purchased by an owner occupant. In that case the new owner occupant can terminate your lease so long as the new owner occupant gives you 90 days notice.

Disclaimer: The above is intended as general information and your specific situation may be different so it is always important to speak with a lawyer about your specific situation.

For further information, visit our website at:

MarkWeinsteinLaw.com

Landlords Proper Notice to Tenant

Landlords and Tenants eventually part ways, but how this is done should be written in the lease agreement.

Actual Question from a Landlord: I gave my tenant a three-day notice 60 days ago, but they still won't leave or pay what can I do?
Question Detail: I need to get them out asap.

My Answer:  If you have a written lease agreement, then you need to look carefully at the notice required for termination.  You need to provide a valid notice under the lease and usually a "three-day notice" - even given 60 days ago - will not be valid.  Once the tenant has been given a valid notice of termination, if they hold over, then you can file a dispossessory action against them to obtain legal possession of the leased premises.

Disclaimer: The above is intended as general information and your specific situation may be different so it is always important to speak with a lawyer about your specific situation.

For further information, visit our website at:

MarkWeinsteinLaw.com