does a tenent have the right to withold rent if the property in process of a short sale. if landlord is withholding payments to the mortgage company?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

does a tenent have the right to withold rent if the property in process of a short sale. if landlord is withholding payments to the mortgage company?

Items left on the property by the landlord not included in the rental agreement, can the landlord take tenent to small claims for property lost?

Asked on May 27, 2009 under Real Estate Law, California

Answers:

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

Answered 14 years ago | Contributor

You are liable under the terms of your lease - period.  Your landlord's situation with his mortgagor has nothing to do with your obligations to him.  If you don't pay your rent you can be evicted and held liable for the remainder of the rent through the end of your lease term.  Since an eviction will probably happen before the sale, you could find yourself without a place to live. 

As for the landlord leaving property, without more details it's hard to say; however, someone can sue in small claims for just about anything.  They may not win but a suit can be filed.  If you don't show up he can get a default judgement against you. 


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