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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.)
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.
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.
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?
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.
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.
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.
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?
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?
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.
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.
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.
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.
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.
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.
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.
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.
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)
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.
"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
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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.
See how many books I've read so far in 2010
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.
Also, this isn't my place, it's my best friend's place. Oregon state law applies in this situation.
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?
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.
Not contacting your tenants at all during those months doesn't exactly imply that there's an established trust operating.
The harder the rain, honey, the sweeter the sun.
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!
The harder the rain, honey, the sweeter the sun.
Yeah, I think you're right.
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.