At what point do you stop paying your landlord regarding a trustee’s sale?

UPDATED: Aug 2, 2011

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At what point do you stop paying your landlord regarding a trustee’s sale?

A few day after signing the lease, I received a Notice of Trustee’s sale, set for 3 months or so from now. My understanding is that I still pay my current landlord according to the terms of the lease, until a new owner purchases the property. However, today I received an Assignment of Rents notice from the Trustee, informing me that I need to bay the lending Bank rather than the landlord. So who do I pay now? Am I breaking the lease by not paying the landlord? I’ve paid first, last and security.

Asked on August 2, 2011 Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the landlord still owns your rental, but the the property is in foreclosure resulting in a notice of assignment of rents mailed or served upon you by the trustee under the recorded trust deed upon the property, you are in a somewhat difficult situation as to whom you pay future rent to.

You need to write the landlord and the trustee a letter advising that you will pay rent timely but you need an agreement between them as to whom the rent is to be paid or if one cannot be made, a court order directing you to whom monthly payments are to be made. You do not want to make payments to the wrong person.

Some trust deeds recorded on properties allow the trustee to have the tenant pay the trustee when the property is in foreclosure. This seems to be so in your case.

Your best option is to consult with an attorney about the situation and have him or her write a letter to the trustee and landlord stating that your monthly payments will be made to his or her client trust account pending agreement between the parties or court order.

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 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.

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