Do I need to pay my rent if my landlord is not paying his mortgage?

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Do I need to pay my rent if my landlord is not paying his mortgage?

The house is going to foreclosure.

Asked on November 30, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Until the foreclosure actually occurs--that is, until the landlord loses his house, and therefore is no longer your landlord--you have to pay him. If you do not, you could be evicted; unpaid rent could be taken out of your security deposit (if any); and/or you could be sued for the rent. Once the house is actually foreclosed upon and its owned by the bank or sold at a foreclosure sale, then you do not need to pay.


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