Chosen by Asker

Your landlord has a lot fewer options for fixing his mortgage problems with an investment property than he/she would if it was a primary residence. I would bet that the deposit is gone, nothing to give back. You are probably better off not paying the rent, and living off the deposit. Hopefully it was just 1 month's rent. Save the rent you owe to get another deposit. If you have any relationship left with the landlord, see if you can just live it off in peace and let them know that you'll leave then, so they won't have to pursue an eviction - time consuming and expensive. Good luck.

Source(s)

Am a Loan Officer and have been an Onsite Apt. Manager in LA

by bbwebpuppy

3 months ago

Asker's Rating: 

I'm a little confused as to how your lease agreement was breached, and what specifically you asked for before you paid rent.

by spawnofazazel- 3 months ago

Im in Canada, we have a landlord tenant act. There should be something similar there. You should call whatever agency covers that in your area and get the right answers.

by mywatchisslow- 3 months ago

Was your breach because you haven't paid rent? I am in the same siutaion and asked my lanlord the same thing. I want proof that it won't be forclosed on. It really sucks.

by ♥*`Fluffy Pink ChaOs ♥**•.¸¸- 3 months ago

On the nor most landlords must give you a 30 day notice to move out and if they are breaking the lease, they are suppose to put in the notice the actual reason they are making u leave, non payment, pets that u aren't suppose to have.etc. If I were you I would get a lawyer, because each state have different rules.

by Sarah B- 3 months ago

If the property goes into foreclosure you will have to move. Take the action of the landlord in a positive way or you may end up on the sidewalk with all your stuff. Most likely the landlord doesn't even have the money to return your deposit. You haven't explained what your "breach of lease" entails. You need to clarify your situation, but you will have to move anyway. This may be beyond the ability of the landlord to control.

by Othniel- 3 months ago

You should always pay your rent on time regardless of the situation. Now your landlord is using that as a reason to ask you to vacate. Find out what your state laws say about the 30 day notice to quit. If you have paid the rent and are current, your landlord will not likely proceed to ask you to vacate. Wells Fargo will always work with a homeowner to stop a foreclosure from proceeding. It is in their best interests to do so. Wells Fargo cannot guarantee anything to you--because they do not know what the home owner will do. Don't waste time trying to get any guarantees from them. You should be asking your landlord if he is going to bring the mortgage current. If he does not or cannot answer you--I would look for a new place to move. I would not want to stay there any longer. To recover your deposit, you may have to file a suit in small claims court.

by doggie.friend- 3 months ago

Doesn't sound like you broke the lease(I assume you are paying your rent on time and not throwing wild parties with the police in attendance). That being the case he can't force you out(he is then breaking the lease). You can ask for all the documents that you want but neither he nor the bank has to respond to you. You are in no position to demand anything. He is attempting an illegal eviction and you can tell him to pound sand. Tell him you are not moving and if he thinks you broke the lease then he can file an unlawful detainer against you and take you to court. I can't recommend this but--when you are sure that there will be a foreclosure and not some sort of loan modification to help the landlord hold onto the property, you may consider quitting paying the rent. After a foreclosure you will be evicted by the bank and your security deposit will disappear. The only way you can limit your losses due to the deposit disappearing is to not pay the rent--at least you can salvage something. Just remember--be sure that the foreclosure will happen before withholding rent. Good luck! A point of law--only a police agency can throw you out--not the landlord. He has to ask a judge for a court order which he then has to take to the police to be enforced. So forget about notices from the landlord(or management company) they must come from the police.

by frak1a12345- 3 months ago

You have not paid rent. So, he's putting you out. If the property gets foreclosed on and the new owner does not want to honor the lease you have.. then you move. Houses get sold all the time that are rented out - a foreclosure is just an involuntary sale. If the land lord does not return the security deposit - then you pay the 40 and sue him in small claims court. You are not entitled to any financial information for any transactions between Wells Fargo and your land lord. Regardless if the house is in foreclosure or not- you owe the rent. Your land lords financial trouble does not mean you get to live for free. As far as moving costs go.....if the house forecloses and the bank puts you out....you would have had to move anyway. You are not going to spend the rest of your life renting that place. So at some point in the future, you would have had to incur the costs of moving anyway. I'd start looking for a new place to live.

by MSAD- 3 months ago

okay... just like everyone asked, the biggest question is... are you behind, or did you pay? If you paid, the landlord maybe giving you just a simple 30day notice to quit he found on the internet. here is the process... for a foreclosure in california: 90 days late to receive a Notice of Default letter then the bank give 20 days after they send the Notice of Trustee sale SOO the owner techincally has about 3 months of not making payments.... Now, im going to be brutally hones... you should prepare for the worse and hope for the best... Best Case secnario - owner contacted the lenders to negotiated, came up with some money by (borrowing, liquidating assets, stealing, robing a bank) - Paid all back payments and now you can rent happily every after and not worry about the deposit, until it happens again =) Worst Case - owner gets forclosed on the bank kicks you out, while you've been sending the owner money - and he has been pockiting it... - no deposit, no place to live... went to friends house to sleep on the living room floor =) My Suggestion... Don't pay anything else unless the land lord show you the docs, why pay when you are not sure if your going to get your deposit, you need to save this money for your next deposit... for the NOD letter, if he received that letter you are very close for the bank to kicking you out... now he broke the process of not giving the 3 day quit, sooo i would just not pay... and if the landlord is able to make up the back payment (with some type of magic), take his butt to court since he needs an unlawful detainer processed, you'll get a trial date, and possibly you can get a judgment in your favor... while you saved all that money in rent =)

by JEFF KOGA- 3 months ago