Landlord not paying mortgage.
I am renting a house in Nevada. My landlord has been collecting $1500 a months from me for almost 2 years. I had a 1 year lease but now am on a month to month with either party able to terminate with a 30 day notice. A company that handles forclosures recently sent 2 letters to my address, addressed to my landlord. I went to the county website and discovered that the mortgage is in default, but not in a forclosure yet. If the property is forclosed, what are my rights as a tennant. Also, am I within my rights to withhold my last months rent (I am sure my landlord, being in financial trouble, will not return my deposit) and tell my landlord to use the security deposit as my last months rent?
Re: Landlord not paying mortgage.
Upon foreclosure sale, the lease with the former owner is essentially voided. As for withholding your last month’s lease payment, that is risky. Your assumption that the owner/landlord will breach the lease by not returning the security deposit is not enough justification for you to breach your lease. Until the landlord/owner actually breaches his agreement with you, you are obligation to meet the requirements of that agreement.
Steven Lynes
Lynes & Associates
200 Auburn Folsom Road, Suite 309
Auburn, CA 95603