If we don’t sendour rentto the bank, can that come back on us or does it fall back on the landlord since we are essentially paying his mortgage?

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If we don’t sendour rentto the bank, can that come back on us or does it fall back on the landlord since we are essentially paying his mortgage?

The landlord is MIA; we have been paying the bank our rent for about a year and the house is up for a sheriff’s sale next week. The landlord, bank and the bank’s lawyer will not return our calls. Our lease is up and the property has a lot of problems that have needed to be fixed for a long time (i.e. a roof that pours water from the hurricane last summer, black mold from the leaks, mice, no hot water in our kitchen, a broken dishwasher and a hole in our living room wall) We don’t want to give anyone anymore more money, we just want to leave but not tarnish our good credit.

Asked on February 3, 2012 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the landlord that you signed the lease for the unit you are renting is nowhere to be found and you are paying the mortgage for the unit via your rent (at least partially) and the rental is up for a sheriff's sale under a presumed foreclosure, it is your call on continuing sending money to the lender (bank).

From what you have written, I doubt that your credit would be tarnished due to the stoppage of payments to the bank since you do not seem to be in contract with the bank. As to the only one who could report your failure to make payments, the landlord, he seems to be in default on the loan and cannot be found.


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