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Landlord wasn't paying the mortgage, Eviction

DarkewolfeDarkewolfe Registered User regular
edited April 2009 in Help / Advice Forum
We've all seen news stories on this one recently. It hit a bit closer to home this time. A lawyer-type person has advised that since the landlord was not due rent (as he was not legally maintaining posession of the property) some claims are in order. From what I've gathered (still trying to get in touch with the eviction attorney) $1500 is a normal amount for this, referred to as "cash or keys." There's also the matter of the security deposit, and then there's always the question of whether the landlord has already skipped town and will never be heard from again. Is anyone familiar with this situation, and do they have any advice?

(The good news is that a move was already planned for this week to a nicer apartment, so extended homelessness will not be involved.)

What is this I don't even.
Darkewolfe on

Posts

  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited April 2009
    you could probably take him to small claims court, which is cheap. However, finding the guy, getting him served with documents, actually getting him to pay up, may get you to break even in total. you should think about whether it's worth the trouble. I know i'd want the money back too, but like those last few pringles, sometimes you gotta let em go.

    Dr. Frenchenstein on
  • tsmvengytsmvengy Registered User regular
    edited April 2009
    I wouldn't "let it go." I would definitely try to get your security deposit back. Though the "getting back my rent for the month I lived there but the house was being repossessed" is shady. I mean, you were living there so it's not like it was money wasted.

    The security deposit you are legally due and as long as you find the landlord it should be relatively easy to get - they are supposed to be kept in separate accounts.

    The rent you paid you may be legally due but that would be a much harder battle to fight.

    tsmvengy on
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  • CoJoeTheLawyerCoJoeTheLawyer Registered User regular
    edited April 2009
    Depending on your state, and your tenacity, you could get your money back, but on average you're going to get nothing. However, you can also make him a miserable S.O.B. in the process, which might be worth it to you. Do you honestly think you can track the landlord down on your own and get him served?

    CoJoeTheLawyer on

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  • clsCorwinclsCorwin Registered User regular
    edited April 2009
    If you lived in Cali, the landlord would be legally required to place your security deposit in a separate interest bearing account, so when you leave, you get the deposit and the interest - whatever costs incurred.

    clsCorwin on
  • DarkewolfeDarkewolfe Registered User regular
    edited April 2009
    tsmvengy wrote: »
    I wouldn't "let it go." I would definitely try to get your security deposit back. Though the "getting back my rent for the month I lived there but the house was being repossessed" is shady. I mean, you were living there so it's not like it was money wasted.

    The security deposit you are legally due and as long as you find the landlord it should be relatively easy to get - they are supposed to be kept in separate accounts.

    The rent you paid you may be legally due but that would be a much harder battle to fight.

    Well, half the month is being lost. So, half the month plus an emergency move (plus being locked out of the house for one night since the locks were changed) is probably equal to about one month's rent.

    Darkewolfe on
    What is this I don't even.
  • DarkewolfeDarkewolfe Registered User regular
    edited April 2009
    One of my concerns is that he's going to file for bankruptcy, in which case there will be nothing to be gotten. He'd have to own a lot of other properties (I have no idea if he does) for him to default on the mortgage and not be planning on filing for bankruptcy, I think.

    Also, this isn't my place, it's my best friend's place. Oregon state law applies in this situation.

    Darkewolfe on
    What is this I don't even.
  • ThanatosThanatos Registered User regular
    edited April 2009
    Yeah, he's pretty much fucked. There are no legal protections for this (and there really need to be). His only option is suing the landlord, which is unlikely to get him anything.

    I'm assuming in addition to half the month's rent, he's probably also losing his first month's rent, last month's rent, and security deposit he payed prior to moving in?

    Thanatos on
  • DarkewolfeDarkewolfe Registered User regular
    edited April 2009
    I think the security deposit was the only indirect payment made. All rent checks were paid directly for the immediately following month. It's not the end of the world, you just always want to make sure you get back money that fairly belongs to you, you know?

    Darkewolfe on
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  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited April 2009
    definitely try to get it back. However, everyone seems to be saying: if he's not forthcoming, there isn't much you can do.

    It's possible that he just couldn't make the mortgage payments, and instead of working with the bank to keep the property, he just let it go into foreclosure. Doesn't necessarily mean he's a sketchball and is keeping your money (though, it's likely), apparently lots of people are doing this b/c it's just easier.

    Dr. Frenchenstein on
  • DarkewolfeDarkewolfe Registered User regular
    edited April 2009
    Well, apparently he hadn't paid on the mortgage in months. Usually at that point, if you weren't a skeeve, you'd say to your tenants, "Hey, I'm going to lose this place. Make sure you make other living arrangements."

    Not contacting your tenants at all during those months doesn't exactly imply that there's an established trust operating.

    Darkewolfe on
    What is this I don't even.
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited April 2009
    very true that was a bit of a dick move. i'm just saying don't jump right into legal proceedings. if you can't find him, then yeah. or if you can find him and he gives you the runaround. but ask him if you can find him, he might be agreable to working something out.

    Dr. Frenchenstein on
  • MuddBuddMuddBudd Registered User regular
    edited April 2009
    This exact same thing happened to a friend of mine about a year ago. I believe they did file a lawsuit but they were pretty much screwed.

    MuddBudd on
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  • CelestialBadgerCelestialBadger Registered User regular
    edited April 2009
    Darkewolfe wrote: »
    Well, apparently he hadn't paid on the mortgage in months. Usually at that point, if you weren't a skeeve, you'd say to your tenants, "Hey, I'm going to lose this place. Make sure you make other living arrangements."

    Denial could be an issue here. Also, if his tenants move out, he is dead sure of not being able to meet the mortgage, when previously he might have only been mostly sure.

    So lucky that the OP was moving anyway!

    CelestialBadger on
  • MuddBuddMuddBudd Registered User regular
    edited April 2009
    I can pretty much guarantee that he's disappeared.

    MuddBudd on
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  • DarkewolfeDarkewolfe Registered User regular
    edited April 2009
    MuddBudd wrote: »
    I can pretty much guarantee that he's disappeared.

    Yeah, I think you're right.
    very true that was a bit of a dick move. i'm just saying don't jump right into legal proceedings. if you can't find him, then yeah. or if you can find him and he gives you the runaround. but ask him if you can find him, he might be agreable to working something out.

    I am fairly certain that you are completely wrong. When someone is lying to you (having a lease agreement with someone is also explicitly saying that you have the right to rent that property out, which you don't if you aren't paying the mortgage), stealing from you (taking your rent money without meeting the obligations of a landlord), and doesn't communicate with you regarding such serious issues, I think the time of amiable conversation is gone and legal actions are the new way of communicating.

    Darkewolfe on
    What is this I don't even.
  • ThanatosThanatos Registered User regular
    edited April 2009
    very true that was a bit of a dick move. i'm just saying don't jump right into legal proceedings. if you can't find him, then yeah. or if you can find him and he gives you the runaround. but ask him if you can find him, he might be agreable to working something out.
    When you're getting a lockout notice, it means that your landlord didn't even bother to mention that he wasn't paying the mortgage. It means he took the money and ran.

    Thanatos on
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited April 2009
    you guys are probably right about him taking the money and splitting, i'm just saying legal proceedings wont really get you anywhere near the black on this issue due to fees and all that. Especially with monetary amounts this small.

    Dr. Frenchenstein on
  • DarkewolfeDarkewolfe Registered User regular
    edited April 2009
    Random update, I found out I'd misunderstood part of it. The bank which has foreclosed is doing a "Cash for keys" agreement. Apparently they've decided that the effort to evict someone against their will averaged out is more expensive than ~$1500, so they evaluate and then just give you the amount if you agree to get out with no fuss.

    Darkewolfe on
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  • VThornheartVThornheart Registered User regular
    edited April 2009
    Oh, score then! I mean, it sucks that the security deposit is gone, but at least you don't walk away empty-handed from the situation. (especially since you were planning on moving anyways)

    VThornheart on
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  • DarkewolfeDarkewolfe Registered User regular
    edited April 2009
    Yeah, it's a little less than rent + deposit, but it's obtainable and doesn't require sitting outside anyone's house with a ballbat or anything.

    Darkewolfe on
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  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited April 2009
    i think their main goal is you not fucking up the residence. that's probably more the case when the people that live there are in foreclosure. i think i read about some guy in florida who got foreclosed upon, and spraypainted BOA(or whoever) SUCKS on the house, and ripped out every fixture he could before he split.

    Dr. Frenchenstein on
  • illigillig Registered User regular
    edited April 2009
    "Key money" is basically a bribe to keep you from destroying the place before you leave... considering that your landlord split, you're not going to get anything

    illig on
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