What legal action can be taken against a landlord who is taking rent but not paying the mortgage?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What legal action can be taken against a landlord who is taking rent but not paying the mortgage?

Asked on August 25, 2010 under Real Estate Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Unfortunately, you probably can't take any action. The landlord does not owe a duty to you, the tenant, to pay the mortgage. As long as he still owns the property, you need to honor your own lease obligations, chief among them paying the rent. If the property is foreclosed upon and sold, so that he no longer owns it, at that point you would not owe him any more rent (since he no longer has possession of the property to confer to you) and would have to either strike a deal with the new owner or leave--though laws designed to protect tenants in those situations would likely give you several months. However, until that happens, you need to be concerned with your obligations to the landlord, and can enforce his obligations to you (i.e. lease terms); however, whehther he pays the bank or not, even it ends up affect you, is no more your legal concern than if he doesn't maintain insurance, or quits his day job so that even with your rent, he cannot meet his mortgage obligations.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption