the landlord is not making mortgage payments what are our options?

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the landlord is not making mortgage payments what are our options?

has he broken the lease? can we give him notice and move-i don’t trust him any longer

Asked on June 3, 2009 under Real Estate Law, Arizona

Answers:

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

Answered 12 years ago | Contributor

Whether or not your landlord is making his/her mortgage payment doesn't excuse your not making rent payments.  Their mortgage arrearages is between them and their mortgagor.

He is still your landlord and you are bound by the terms of your lease.  If you don't pay your rent when due he can evict you and you will be liable for the rest of your lease payments.  An eviction will most likely happen before there is a foreclosure.  Also, he could pay up his back mortgage payments at any time and there could never be a foreclosure.

If you don't trust him see if you can talk him into applying your security deposit to one of your rent payments.  While he is responsible for returning it to you at the end of the lease term if your Landlord is having financial difficulties you may well have trouble getting it back.

Best of luck.


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