Bad News never stops coming

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dustermaniac

dustermaniac

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Modesto, CA
So following on the sudden deaths last weekend of my landlord and his wife, I arrived home last night to hear that one of his sons came and and informed us that the house we are paying rent on is in a 60 day late status on the mortgage and that the son wants us to move out in 21 days so he can sell it. Just what I needed with my daughter getting ready to go back to her school and now I need to scramble to find another place and come up with 1st and last months security deposit. Damn it never ends. Still do not know if I can find a new place in time. I am looking in the area where I live but not finding any affordable housing.
 
Hope you get things worked out on time, maybe someone here from your area can direct you to a good move in deal...we are still alive so lets hope while we can!
 
you might want to look into it but i believe if they want you to relocate without proper notice they are obligated by law to pay for your relocation.
 
Thanks for the help. I will look into this. I am trying to find a home I might be able to buy but I had a foreclosure due to medical reasons about 4 yrs ago and am not sure if i can get any type of loan.
 
I don't believe they can do that to you. I was in a similar situation and if we elected to move they were obligated to pay for those expenses. Since we had signed a lease 3 months earlier, we decided not to move again and stay through the lease. He was pissed and there was nothing he could do.
 
He can sell the property with you in it. It would have to be an investor-buyer, but it happens every day. I both bought and sold property with an incumbent tennant.

Best of luck.
 
I know it sux and it's a chore to move, BUT, after you find out your rights, it's time to make lemonade from the lemons...this can be a change for the better! Prayers sent!
 
We rent from a family and the original owner is in a retirement home, and we kinda expect the same news at some point since he isnt doing great :/ best of luck!
 
I would definitely look into this dustermaniac
Here in Arkansas they can not do this....:protest:
I know for a fact that the owner can NOT do this, I use to maintain rentals and apartments for a doctor and unless they have been convicted of destroying there home/rental they can not TELL you to move under these circumstances......
You have 60 days to relocate and that day starts the day you get the notice.
Stop paying rent and put it toward your moving expenses, this is the law, and tell the Boy thank you for the heads up and shut the door.
I would put a sign up in your front yard... (BEWARE We got an eviction notice !!) and let the other folks in your area know about it, from what I seen he built all if not most of the homes there be for he past away. prayers for a smooth move and finding a home for your family..


Sounds like this kid is nothing like his father... and that 60 day late status on the mortgage his his problem ...
 
Why not ask for an owner finance with the late mortgage payment as down payment. Win win
 
Daredevil has a good idea. I'd check into that if you wanted to stay there.
First of all, I'm sure state law provides for a 30 day notification at the very minimum. And, it must be a formal written process, not just a verbal 'hey you gotta move' bs.

Secondly, even though you had a previous foreclosure, banks are now lending after a 3 year period, so you can most likely get a loan if you want one. Good luck.
(At least you don't have an HOA to deal with) :)
 
Here's some other helpful info. 1. Did they have a will? If not they can't tell you to do anything. Yet. 2. If you are current on rent and not violating any rules of the lease they cannot make you leave. Caution, many leases have several little things that just about any renter would fail on. 3. While you cannot call the MTG co and get info on the loan, if it really is 60 days late then you will (if not already) receive a notice of default which is the beginning of foreclosure. It is required to go to any address including the property address. From there you have a few months before the of that process. Whatever happens, don't stop paying. That is the absolute worst thing you can do.
 
Sorry to hear this Duster. I will be praying for a great outcome.
 
Even if he sold the house by the end of the month, you'd probably still be out before the closing date, anyway. I don't understand the big rush. I purchased and sold a number of house and having a tenant living in one was never an issue.
 
If you are month to month, in most states he has to give you written notice of intent to terminate your lease. If you are a month to month, you have minimal time/protection for such an action. If you lease is renewed on a yearly basis, with yearly term, then you have better standing.

Make sure he has the right to start an eviction via trustee or beneficiary of a will/trust.

Check with your local legal aid to ask about your rights.

Make sure he follows the letter of the law because landlords that perform illegal evictions usually get hammered pretty good in court.

I know there are plenty that will whine about what I wrote and how tenants are garbage, and there are some really bad tenants that use the law to abuse landlords. Then there are decent tenants that landlords abuse as well, been on that side myself. Use the rules to benefit you and not put undue stress on you or your family. The other side had a bad deal with the deaths, but, that doesn't mean you need to get the shaft because of it. It's all about being fair IMHO.

Good luck.
 
I am looking into getting a mortgage with a local bank. Now that I have my business, I am hoping that i can qualify for a Mortgage. I have been looking at houses in my area under 100K that are nicer then this rental (GARAGE!!) and i may be able to get a HUD 100% financed loan. I am praying and praying as we speak. I arrived home tonight and they were putting for sale signs on not only my house i am renting but also the 2 adjoining houses, (all have families with young children) and they also have been given the "21 day notice" I will be calling them tomorrow and I will DEMAND MY $1500.00 Security Deposit or I will take my sweet *** time moving from here.
 
dustermaniac said:
I am looking into getting a mortgage with a local bank. Now that I have my business, I am hoping that i can qualify for a Mortgage. I have been looking at houses in my area under 100K that are nicer then this rental (GARAGE!!) and i may be able to get a HUD 100% financed loan. I am praying and praying as we speak. I arrived home tonight and they were putting for sale signs on not only my house i am renting but also the 2 adjoining houses, (all have families with young children) and they also have been given the "21 day notice" I will be calling them tomorrow and I will DEMAND MY $1500.00 Security Deposit or I will take my sweet *** time moving from here.
Click to expand...

That will be great if you can buy a house. But like CB said I would talk to a lawyer. I'm still praying for a great outcome.
 
Good luck DM, sounds like you got lots of good advice here. If it comes to it, set up a seperate bank acct and deposit yourrent in there monthly to show that the funds are there if and when the son decides to take legal action....hope it doesnt come to that!! Good luck on your mortgage too!!
 
The son sounds like he is still in shock and doing irrational things IMO. Can you talk to him?

He must be scrambling for $$ to satisfy some debts, but he needs to calm down and take a breath.....
 
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