If I just found out that my landlord may not have been paying the mortgage but I have been paying rent, should I continue paying? She says she may either let the property go or she may go to probate court with her deceased husbands kids.

I moved in a family friend’s home about 5 months ago. Then, 2 months later, a letter was posted on the door

saying the mortgage had not been paid since around the time that I moved in. She recently told me she they went up on jet mortgage and its not worth it, she may let her house go. On the other hand, she’d have to go to probate court worth her deceased husband’s children. I’d like to know, should I continue passing rent when I behoove she’s not passing the mortgage and she may not be able to ruturn my deposit? I’m confused.

Asked on September 26, 2017 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I'm afraid that you still have the to pay rent. Your landlord's not paying their mortgage has no bearing on your legal obligation as a tenant. This is true even if you may not get your deposit back. However, you coud sue for its return after you move out. Right now, see if you can work something out with your landlord. Maybe she can forgive rent in an amount that equals your securitiy deposit. Bottm line, if you don't pay, your landlord could evict you and sue you for what you owe.

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